CC 04-07-2026 Searchable Packet.pdf — Cupertino City Council, April 7, 2026 (part 2 of 12)

WHEREAS, the Planning Commission motion included a recommendation to City Council to explore additional benefits or assistance options for retail tenants that will be displaced due to this housing development and similar projects. The Planning Commission requested that the City Council, as a matter of establishing policy, consider items such as expedited permitting processes, consideration of reduced fees, and other opportunities for assistance for businesses impacted by seeking relocation; and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to locate townhome development closer to Stevens Creek Blvd. and transitioning to small-lot detached singlefamily development to the north along Alves Dr. similar to the surrounding single-family residential uses located north-west of the site. The proposed landscaping will be compatible with the existing streetscape and Heart of the City standards. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code.

Chapter 17.04. The project has access to all utilities including sewer, water etc. The project must meet all Fire and Building Code requirements, which will be further reviewed prior to issuance of building permits. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience.

2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).

The SB330 Preliminary Application was submitted for this project in April 2024, locking in the development standards in effect at that time. The General Plan land use designation for the property was Commercial/Office/Residential with a maximum residential density 211
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of 25 dwelling units per acre. The residential use at the proposed 17.84 dwelling units per acre is consistent with the General Plan in terms of density pursuant to state law, even though one of the parcels currently has a residential land use density that is higher at the date of approval of this project. The applicant is requesting waivers for the development of this site to allow residential uses, with reduced setbacks, increased building height, increased building forms (massing), increased lot coverage, and reduced minimum lot width, as required by the Heart of the City Specific Plan’s and the City’s Municipal Code standards. The proposed development has met all other applicable development standards of the Heart of the City Specific Plan. The project is further conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04. In addition, under the CEQA Guidelines Section 15061(b)(1) (Statutory Exemption), the project has been found to be Statutorily Exempt from CEQA because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as further documented in the memorandum prepared by the City’s environmental consultant, PlaceWorks. Therefore, the proposed development will be located and conducted in accordance with the General Plan and underlying zoning regulations and complies with the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED:

The application for a Use Permit, Application No. U-2024-008, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. U-2024- 008 as set forth in the Minutes of the City Council Meeting of April 7, 2026 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20807 – 20883 Stevens Creek Blvd.

Cupertino” consisting of 196 sheets labeled as, A0.01– A4.00, C1 – C26, L1.0 – L10.1, JT-1 to JT-4, PM, and SL-1 to SL-4, drawn by ktgy Architects, Gates + Associates landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench, except as may be amended by conditions in this resolution.
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2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM-2024-006, ASA-2024-011, and TR-2024-033 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. USE APPROVAL AND PROJECT AMENDMENTS
Approval is hereby granted to allow a residential use in a Planned Development zone that was not allocated units as a Priority Housing Site at the time of Preliminary Application submission under the Housing Crisis Act. The Planning Commission shall review amendments to the project considered major by the Director of Community Development.

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h. Waiver to deviate from the maximum lot coverage percentage identified in the Cupertino Municipal Code; and
i. Waiver to deviate from the minimum lot width development standard identified in the Cupertino Municipal Code; and
j. Waiver to deviate from the minimum parking space size and use of tandem garages development standards identified in the Cupertino Municipal Code; and
k. Waiver to deviate from the parking setback identified in the Cupertino Municipal Code.

7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

8. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 214
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1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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SIGNED:

Kitty Moore, Mayor
City of Cupertino
Date
ATTEST:

Lauren Sapudar, City Clerk Date
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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT
FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 56- TOWNHOME-CONDOMINIUM UNITS AND 66 SMALL LOT SINGLE FAMILY HOMES, ON FOUR CONTIGUOUS PARCELS TOTALING 6.93-ACRES,

INCLUDING TREE REMOVAL AND REPLACEMENTS
LOCATED AT 20807, 20813, 20823 & 20883 STEVENS CREEK BLVD; APNs: 326-32-050, -051, -052, & -053
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2024-011
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050, -051, -052, and -053
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on March 24, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, on March 24, 2026 the Planning Commission recommended on a 5-0 vote that the City Council approve the Use Permit (U-2024-008) in substantially similar form to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site Approval Permit (ASA-2024-011) in substantially similar form to the Resolution presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006) in substantially similar form to the Resolution presented (Resolution No. 2026-13), and 217
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approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the Resolution presented (Resolution No. 2026-14); and
WHEREAS, the Planning Commission motion included a recommendation to City Council to explore additional benefits or assistance options for retail tenants that will be displaced due to this housing development and similar projects. The Planning Commission requested that the City Council, as a matter of establishing policy, consider items such as expedited permitting processes, consideration of reduced fees, and other opportunities for assistance for businesses impacted by seeking relocation; and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the Heart of the City Specific Plan. It has been designed to locate townhome development closer to Stevens Creek Blvd. and transitioning to small-lot detached singlefamily development to the north along Alves Dr. similar to the surrounding single-family residential uses located north-west of the site. The proposed landscaping will be compatible with the existing streetscape and Heart of the City standards. The project is conditioned to comply with the Environmental Protection Standards of Cupertino Municipal Code.

2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria:
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a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings.

Several of the buildings proposed are taller than the maximum height allowed by the zoning district and have setbacks smaller than those required by the zoning district since provisions of state law allow the applicant to waive development standards which would otherwise preclude the applicant from building the project they designed. The City does not have the ability to require changes to the project as designed to comply with either the maximum height limitations or minimum setback requirements. However, the proposed townhomes and detached single-family dwellings are proposing to plant trees along Stevens Creek Boulevard and Alves drive, in accordance with the Heart of the City Specific Plan, for visual screening.
b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners.

The buildings meet the design qualities of a contemporary Spanish, Modern French and Craftsman design development. The architectural style alternates between the three styles throughout the site. Crosswalks throughout the site will be delineated with an Ashlar pattern stamped asphalt in earthtone shades. The applicant will continue the decorative brick paving within the public right-of-way along Stevens Creek Blvd, continuing the decorative paving from 20807 Steven’s Creek Blvd to 20955 Steven Creek Blvd. This improvement will complete the decorative brick pavers along the entire frontage of the project site. The 6 existing Callery Pear street trees along Steven’s Creek Blvd. are proposed to be retained and protected in place. The species is consistent with the requirements of the Heart of the City Specific Plan “flowering orchard” planting theme. The mature trees will help to screen the building mass along Steven’s Creek Blvd. Lighting for the development will be reviewed as part of the project construction documents to ensure that they meet safety requirements while avoiding spill-over light to adjacent properties and meet applicable Dark Sky standards. The proposed windows are consistent with the City’s birdsafe ordinance as well. 219
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c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.

While the project abuts an existing single-family residential neighborhood to the northwest, it is surrounded on all other sides by commercial uses. The townhome buildings have been designed in accordance with many of the non-objective design guidelines outlined in the Heart of the City Specific Plan. Further, the project has provided a new parkway between the street curb and the new sidewalk, that did not exist before. The parkway will set the sidewalk back from the street to provide additional safety buffer to pedestrians from vehicles. Additionally, the project incorporates a double row of trees planted along Alves Dr. to provide shade and seasonal foliage within the neighborhood.

NOW, THEREFORE, BE IT RESOLVED:

The application for an Architectural and Site Approval, Application No. ASA-2024-011, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no. ASA-2024-011 as set forth in the Minutes of the City Council Meeting of April 7, 2026 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20807 – 20883 Stevens Creek Blvd.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM-2024-006, U-2024-008, and TR-2024-033 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 56 townhomes, with 24 townhomes dedicated as units affordable to moderateand median-income households; b. 66 single-family homes;
c. 244 garage parking spaces;
d. 27 guest parking spaces;
e. 122 garage bicycle spaces;
f. 4 bicycle spaces in the common open space;
g. Landscaping in designated locations with the use of the approved plant palate, including native and drought-tolerant plants;
h. Vegetated stormwater treatment facilities with the use of native plants; i. 31,921 square feet of private open space across all units; j. 10,257 square feet of common open space;
k. Screened mechanical equipment;
l. Screening six-foot-tall “good neighbor” fence on the western property line and eight-foot-tall masonry wall on the eastern property line.

6. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is eligible for one concession and unlimited waivers, as approved via this permit. The project is granted one concession and 12 waivers as requested and indicated on the approved project plans as follows:
a. Concession to address different unit type for BMR units; and b. Waiver to deviate from the 45-foot height limitation in the Heart of the City (HOC) Specific Plan; and
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c. Waiver to deviate from the front setback identified in the HOC Specific Plan; and
d. Waiver to deviate from the side setback identified in the HOC Specific Plan; and
e. Waiver to deviate from the rear setback identified in the HOC Specific Plan; and
f. Waiver to deviate from the building forms requirement in the HOC Specific Plan; and
g. Waiver to deviate from the building eave encroachment standard in the HOC Specific Plan; and
h. Waiver to deviate from the maximum lot coverage percentage identified in the Cupertino Municipal Code; and
i. Waiver to deviate from the minimum lot width development standard identified in the Cupertino Municipal Code; and
j. Waiver to deviate from the minimum parking space size and use of tandem garages development standards identified in the Cupertino Municipal Code; and
k. Waiver to deviate from the parking setback identified in the Cupertino Municipal Code.

7. AFFORDABLE UNITS
The project shall include 12 units affordable to median-income (80-100% of Area Median Income) households and 12 units affordable to moderate-income (100- 120% of Area Median Income) households as determined by the City’s BMR Mitigation Manual.

8. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any residential building permit, an affordable housing agreement shall be recorded against the property.

The affordable housing agreement shall include, but not be limited to the following, in compliance with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units;
c. Affordability levels for each BMR unit;
d. Price for BMR units as provided for in the BMR mitigation manual; e. Provisions for income certification and screening of potential occupants of BMR units;
f. Restriction control mechanism;
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g. Financing of ongoing administrative and monitoring costs; h. Other reasonably required provisions to implement the Affordable Housing Plan.

9. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the units to be sold at prices that are affordable to moderate and median levels for a period not less than 99 years from the date of first occupancy of the unit.

10. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change.

Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. However, any changes to the building materials that do not match the approved materials shall require an amendment to this permit or a new permit.

11. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the project in accordance with the approved plans and with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.

12. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction of the approved project. The applicant shall provide information and plans to allow the Building Official and the Fire Marshall or their designee that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit.

13. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction 223
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activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following:
a. Appropriate construction staging area
b. Hours of construction
c. Compliance with the City noise ordinance
d. Best management practices
e. Staging of construction equipment shall not occur within 50 feet of any residential property.
f. Any other measures as determined to be appropriate by the Director of Community Development

14. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits.

15. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public Works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section

10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an 224
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applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions.

The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated.

16. FORMATION OF A HOME OWNER’S ASSOCIATION
A Home Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the Director of Community Development and the City Attorney prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:
▪ The members/board shall meet at a minimum of once/year ▪ The Association dues shall cover:
o Maintenance of common area on the property, in compliance with the approved project and conditions of approval, including hardscaping, landscaping (including development trees) private streets, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and repair of facilities and other improvements in the common areas. ▪ Any changes to the CC&R’s must be reviewed and approved by the City ▪ Disbanding of the Association shall require an amendment to the permit.

17. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that share a common private drive or private roadway with one or more other parcels, including the parcel to the east of the subject site, unless an easement is already recorded which provides ingress/egress for the driveway located on the south east portion of the property to the property located directly to the east of the subject site. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and from the affected parcels. The easements shall be recorded prior to final map recordation.
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18. PUBLIC ACCESS REQUIREMENTS
In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040 Cupertino General Plan in effect in January 2024, the applicant shall maintain public access to the privately maintained streets and walkways where public access easements are shown on the Vesting Tentative Map.

19. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for valuation in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy.

In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts Commission and the City Council. The in-lieu payment shall be 1.25% of the construction valuation.

20. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the property owner shall maintain approved public artwork in good condition continuously after its installation, as determined appropriate by the City.

Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is relocated in the public right-of-way, a maintenance agreement with the City shall be required.

21. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or active recreation including but not limited to play structures, barbeque areas, picnic tables etc. and shall not be retained as or converted to only a passive hardscaped or landscaped area.
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22. SETBACK AND LANDSCAPE AREAS
Approved setback and landscaped areas shall remain free and clear of any accessory structures that have not been approved as part of this project.

23. RESIDENTIAL SCREENING COVENANT
The property owner shall record a covenant on this property to inform future property owners of the residential screening measures and tree protection requirements consistent with the approved plans and reference these in the Property Owner Association documentation. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence.

24. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report.

The landscape installation report shall include but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule.

The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.”

25. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b. Maintenance shall include, but not be limited to, the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; 227
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replanting of failed plants; weeding; pest control; and removing obstructions to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional.

26. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet.

The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections.

27. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by Community Development prior to issuance of building permits.

The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.

28. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project.

29. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. The final lighting 228
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plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance.

30. TRANSFORMERS ON PRIVATE PROPERTY
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, inside buildings, or as required by PG&E. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment shall not encroach into the public right of way and is not visible from public street areas, as determined by the Community Development Department Transformers shall not be located in the front or side building setback area, unless it is the only acceptable location allowed by PG&E.

31. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies.

32. EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen but may not exceed the overall height approved of that structure. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way.

The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.

33. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings. 229
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34. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of any demolition, grading and building permit, indicate the following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, grounddisturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows:
1) For projects that require the demolition or construction one singlefamily residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures.
2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, grounddisturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds.
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iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.

The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities.

35. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense. 231
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36. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site.

The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below.

37. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least four feet by six feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines.

If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint. 232
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38. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code.

The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

39. EXCESSIVE NOISE AND VIBRATIONS
Per General Plan Policy HS-8.3, construction contractors shall use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers during construction.
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40. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction.

41. CALIFORNIA NATIVE AMERICAN TRIBAL PROTECTIONS
Prior to issuance of any demolition, grading, or building permit, the applicant shall demonstrate to the satisfaction of the Director of Community Development that the project complies with the requirements of Public Resources Code Section 21080.66. Compliance with this condition shall be ongoing throughout all grounddisturbing and restoration activities.

If requested by a California Native American tribe traditionally and culturally affiliated with the project area, the Applicant shall retain and fund tribal monitoring during all ground-disturbing activities. The designated tribal monitor shall be selected by the tribe and shall comply with the applicant’s site access and workplace safety requirements. The applicant shall compensate the tribal monitor at a reasonable rate, determined in good faith, that aligns with customary compensation for cultural resource monitoring, taking into account factors such as the scope and duration of the project.

Tribal cultural resources shall be avoided where feasible, in accordance with subdivision (a) of Section 21084.3. In furtherance of this requirement, where feasible, the project applicant shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use of tribal cultural resources and landscapes.

All identification, treatment, and documentation of tribal cultural resources shall be conducted in a culturally appropriate manner consistent with Public Resources Code Section 21083.9.

Prior to permit issuance, the Applicant shall complete a California Historical Resources Information System (CHRIS) archaeological records search and a tribal cultural records search for the project site and shall submit a Sacred Lands Inventory Request to the Native American Heritage Commission.

The project shall comply with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, including immediate cessation of work in the event of the discovery of human remains or burial resources and 234
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treatment in accordance with applicable law and consultation with the appropriate California Native American tribe.

Where applicable to the environmental context of the site, the applicant shall incorporate tribal ecological knowledge into any habitat restoration or landscape management measures associated with the project.

42. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural resources on site.
c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project.
iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to 235
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recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe.

43. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98. a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100-foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains. If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino.

Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded.

44. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification, be GPR certified at a minimum of 50 points, or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED or GPR certification or alternative reference standard is required per the ordinance criteria and costs associated with third-party review shall be paid by the applicant.
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45. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

46. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. 237
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The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

47. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.

Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation.

48. OFFSITE STORM DRAIN CONNECTIONS
The City requires new development projects to connect to the City storm drain system via a manhole. Required full trash capture inlet devices are installed within the existing offsite inlets along Stevens Creek Blvd and Alves Dr. With the project proposing to connect to some of these existing inlets along Stevens Creek Blvd and Alves Dr, there is a concern that potential onsite flooding may occur due to the blockage of these devices. The Developer shall consider reconfiguring the proposed storm drain connections to connect directly to a manhole. However, if this cannot be achieved, the Developer shall provide a letter from the Owner stating the City will not be held liable if the trash capture devices cause onsite flooding.

49. LOT MERGER
Prior to final acceptance of the project, Developer shall merge the parcels created for the private street network into one lot as may be required by the Director of Public Works or shall include language in the Covenants, Conditions, and Restrictions (CC&R) to provide for City Manager review and approval of any amendments to the CC&R.

50. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project frontage will be required to the satisfaction of the Director of Public Works. Street 238
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improvements, grading and drainage plans must be completed and approved prior to Final map approval.

All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

Additional comments will be provided and shall be incorporated prior to Final Map approval to the satisfaction of the Director of Public Works or his/her designee.

51. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City.

52. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first unless otherwise approved by the Director of Public Works or his/her designee.

53. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (eg. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first unless otherwise approved by the Director of Public Works or his/her designee.

54. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located.

55. GRADING
Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 239
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Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.

56. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and satisfy any requirements from the environmental analysis. Hydrology and preand post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible.

All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division.

Additional comments will be provided and shall be incorporated prior to Final Map approval.

57. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site.

The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works.

The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required.

All storm water management plans are required to obtain certification from a City approved third party reviewer.
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If the Project is subject to (Covenants, Conditions, and Restrictions (CC&R) and Homeowners Association (HOA), CC&R must also include languages pertaining to the stormwater treatment measures.

58. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to Final map approval.

Fees:
a. Checking & Inspection Fees: Per FY 23-24 fee schedule ($5,392 or 5% of improvement costs)
b. Grading Permit: Per FY 23-24 fee schedule ($4,015 or 6% of improvement costs)
c. Tract Map Fee: Per FY 23-24 fee schedule ($13,413)
d. Storm Drainage Fee: Per FY 23-24 fee schedule ($4,552 per AC + $345 per unit)
e. Transportation Impact Fee: Per FY 23-24 fee schedule: (single-family: $6,797 per unit; townhome: $4,215 per unit). Credit
shall be applied for the existing office & retail
uses (office $19.15 per sq ft, retail: $10.94 per sq
ft.)
f. Encroachment Permit Fee: Per FY 23-24 fee schedule ($3,601 or 5% of improvement costs)
g. Park Fees: Per FY 23-24 fee schedule: $60,000 per unit ($5,880,000 based on 98 units, 24 BMR units
waived)
h. Storm Management Plan Fee:Per FY 23-24 fee schedule ($1,789) i. Street Tree Fee: By Developer or Per FY 23-24 fee schedule:
$515 per tree
j. Developer Contribution: $99,500 (Stevens Creek Blvd Class IV Separated Bike Lane frontage improvements)
Bonds:
a. Faithful Performance Bond: 100% of Off-site Improvements b. Labor & Material Bond: 100% of Off-site Improvement
c. On-site Grading Bond: 100% of site improvements.

The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified 241
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at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.

59. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines.

60. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code).

Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project shall provide mitigation measure as results of the transportation analysis.

61. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more) or the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code. The City Council has the ultimate discretion to require parkland dedication or accept park in-lieu fees.

The Below Market Rate (BMR) program manual, which was last amended by City Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees for BMR units. Pursuant to Resolution 24-067, parkland dedication in-lieu fees for the 24 BMR units proposed for this project are hereby waived.

62. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements.

63. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, stormwater treatment facilities, landscaping, street trees, sidewalk, pavers, and street lights.
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64. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City.

65. WORK SCHEDULE
After building permit issuance, the developer shall submit a work schedule every six months to the City to show the timetable for all grading/erosion control work in conjunction with this project.

66. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices to the satisfaction of the Director of Public Works or his/her designee. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works.

67. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, or as required by PG&E. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment.

Should above ground equipment be permitted by the City, equipment and enclosures shall not encroach into the public right-of-way and shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department.

Transformers shall not be located in the front or side building setback area, unless it is the only acceptable location allowed by PG&E.

68. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125.
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Developer shall install root barriers adjacent to the street trees along the curb and sidewalk to the satisfaction of the Director of Public Works.

69. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company.

70. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.

71. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant).

72. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.

73. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans.

74. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance.

75. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 244
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76. STORM DRAIN SYSTEM POLLUTANT CONTROLS
Please identify all exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains, in the Final Stormwater Management Plan (SWMP). Full trash capture systems are required to prevent litter from entering the City’s storm drain system and/or any adjacent creeks or diversion channels.

Systems and devices must be approved by the California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List. The systems must be installed and maintained (cleaned) in accordance with the SWMP, manufacturer specifications, and provisions of the San Franscisco Bay RWQCB NPDES permit. The property owner must provide official written record of cleaning and maintenance to the City upon request.

77. DRAIN INLET MARKERS
All exterior storm drain inlets on the parcel must be clearly marked with “No Dumping Flows to Creek” or “No Dumping Flows to Bay”. An example of drain inlet markers may be viewed at the following: www.cupertino.org/greendev

78. FIRE SUPPRESSION SYSTEM OR WATER LINE FLUSHING
If fire suppression system or water line flushing will be conducted as part of the scope of permitted work, complete and submit the Planned Water Discharge Form (www.cupertino.org/greendev) to the Environmental Programs Division several business days in advance of the scheduled discharge.

79. PCB (POLYCHLORINATED BIPHENYLS) MANAGEMENT AND MITIGATION At the time of building permit application, PCB and remediation is required prior to obtaining a demolition permit. Structures built or remodeled between January 1, 1940 and December 31, 1980 must be tested for PCB presence. All demolition permit applicants, including residential, must complete the PCB Screening Assessment Form to determine if the structure being demolished is deemed an applicable structure. Additional information concerning PCB screening requirements may be viewed at www.cupertino.org/greendev. Additional information concerning assessment and testing requirements, qualified consultants to perform sampling, testing, and reporting may be viewed at https://scvurppp.org/pcbs-demo-permit/. No demolition permit will be issued until all required PCB documents have been accurately completed, submitted to, and approved by the Environmental Programs division of the Public Works Department.
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80. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY At the time of building permit application, a completed construction and demolition (C&D) Debris Recovery Plan (DRP) must be submitted. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. Project applicants and contractors must use Green Halo (Cupertino.wastetracking.com) to create their Plan and to submit all construction waste generation tonnage information. A hold on issuance of the building permit will be placed until the Plan is submitted and approved. A hold will be placed on the final inspection until all waste tonnage information for the project has been entered into Green Halo and approved by the Environmental Programs Division.

81. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to Final Map approval.

82. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley.

83. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval.

84. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval.

SECTION V: CONDITIONS ADMINISTERED BY THE SCC FIRE DEPT.

Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation.

85. GROUND LADDER / EMERGENCY RESCUE OPENINGS
Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy-five degrees shall be demonstrated on the plans and maintained. [CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8 through 5.1.9.2]
a. Plans to show ground ladder landing areas in relation to proposed landscaping.
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b. Landscaping plans to show the location of all emergency rescue openings / ground ladder landing locations. These areas shall remain unobstructed at ground level and not have any trees overhead.
c. Identify which plan sheets have been updated to demonstrate conforming landscaping and ground ladder access.

86. AERIAL ACCESS
Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. [CFC Sect. D105] a. AMMR approved for aerial, including installation of fire alarm system interconnected throughout the whole building with mini horn on roof and an “enhanced” 13D fire sprinkler system.

87. FIRE APPARATUS ACCESS ROADS
The minimum clear width of fire department access roads shall be 20 feet for access roadways and 26 feet where aerial access is required. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A-1. [CFC Sec. 503]
- Reference sheet C23.

88. SECONDARY FIRE DEPARTMENT ACCESS ROAD
Developments of one or two family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of the SCCFD A-1 standard.

89. FIRE LANES
Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 20 foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted.
- Reference sheet C23.

90. PARKING
When parking is permitted on streets, both during & after construction, it shall conform to the following:
a. Parking is permitted on both sides of the street with street widths of 36 feet or more
b. Parking is permitted on one side of the street with street widths of 28 – 35 feet 247
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c. No parking is permitted when street widths are less than 28 feet NOTE: Fire lane and turnaround striping shall be provided and verified by site inspection. [SCCFD, A-1 Standard].

91. FIRE HYDRANT(S)
Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets and shall be within 400 feet of the structure (CFC Sec. 507 App. B and App. C).
a. Hydrant locations shown on sheet C23. Hydrants shall be installed prior to combustible construction material being brought onsite. Coordinate with CalWater for hydrant installation.

92. FIRE FLOW
The fire flow for this project is 3,000 GPM at 20 psi residual pressure for 3 hours with an automatic fire sprinkler system installed. [CFC Sec. B105] Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. Any alternative to this standard must be determined to be to the satisfaction of the Santa Clara County Fire Department prior to building permit issuance.

93. TIMING OF INSTALLATION
Fire apparatus access roads & water supply for fire protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2.

94. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address umbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Address numbers shall be maintained. [CFC Sec. 505.1]

95. CONSTRUCTION SITE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. [CFC Chp. 33] 248
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96. THIS PROJECT SHALL COMPLY WITH THE FOLLOWING
The California Fire (CFC), Building (CBC) Codes, 2022 edition, as adopted by the City of Cupertino, California Code of Regulations (CCR) and Health & Safety Code, and Santa Clara County Fire Department Standards (SCCFD).

SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY

DISTRICT

97. INSTALLERS AGREEMENT
The property owner shall enter into an Installer’s Agreement with the District for the construction of the proposed sewer infrastructure prior to issuance of Building Permits.

98. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Sewer Development, Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance of Building Permits.

99. UTILITY PLANS
Provide utility plan and profile sheets during the Building Permit phase.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A VESTING TENTATIVE MAP FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 56-TOWNHOME-CONDOMINIUM UNITS AND 66 SMALL LOT SINGLE FAMILY HOMES, ON FOUR
CONTIGUOUS PARCELS, TOTALING 6.93-ACRES LOCATED AT 20807, 20813, 20823 & 20883 STEVENS CREEK BLVD; APNs: 326-32-050, -051, -052, & -053 SECTION I: PROJECT DESCRIPTION
Application No.: TM-2024-006
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050, -051, -052, and -053
SECTION II: FINDINGS FOR A TENTATIVE MAP:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Map as described in Section I of this resolution; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on March 24, 2026, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, on March 24, 2026 the Planning Commission recommended on a 5-0 vote that the City Council approve the Use Permit (U-2024-008) in substantially similar form to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site Approval Permit (ASA-2024-011) in substantially similar form to the Resolution presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006) in substantially similar form to the Resolution presented (Resolution No. 2026-13), and approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the Resolution presented (Resolution No. 2026-14); and
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WHEREAS, the Planning Commission motion included a recommendation to City Council to explore additional benefits or assistance options for retail tenants that will be displaced due to this housing development and similar projects. The Planning Commission requested that the City Council, as a matter of establishing policy, consider items such as expedited permitting processes, consideration of reduced fees, and other opportunities for assistance for businesses impacted by seeking relocation; and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

The subject property is consistent with the General Plan since the property is permitted to have up to 25 dwelling units an acre pursuant to the vesting provisions of SB330 which vested the development standards to those that were in place in April 2024. b. That the design and improvements of the proposed subdivision are consistent with the General Plan.

The off-site improvements are consistent with the City’s General Plan and Heart of the City Specific Plan policies related to applicable pedestrian and bicycle safety, with improvements made in accordance with the right-of-way design and the urban canopy within the public right-of-way. While the development is required to have a 35-foot setback from the street-facing side of the curb, state density bonus law requires the City to waive local development standards to accommodate a project as designed, and still consider the design consistent with the General Plan and Specific Plan. c. That the site is physically suitable for the type of development contemplated under the approved subdivision.

The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with the anticipated land use and development.

Moreover, there are no topographical anomalies that differentiate this property from adjacent properties and the site is located on the valley floor and is not listed within any environmentally sensitive zone.
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d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision.

The subject property is physically suitable in size and shape and in conformance to development standards and is configured to accommodate a multi-unit development like the one proposed.
e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat.

The design of the subdivision and proposed improvements will not injure fish and wildlife or their habitat because the property is a previously developed site, with no fish and wildlife habitat in the vicinity; the site is located in an urbanized area where residential land use is allowed.
f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems.

The proposed subdivision design and improvements will not cause serious public health problems. The project has access to sewer connections, water services and electric services.

The proposed development is consistent with the intent of the policies of the General Plan for a development of this density on this site, and the on-site and off-site improvements improve neighborhood walkability through improved parkway and sidewalk construction with size-appropriate driveway curb-cuts and street and private tree planting. g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision. New public access easements will be required to address General Plan Mobility Element Policies M-2.5 and M-3.2, and Land Use Element Strategy LU13.7.3, as identified on the approved map. These easements shall be maintained to allow for public access through the property.

NOW, THEREFORE, BE IT RESOLVED:

The application for a Vesting Tentative Map, Application No. TM-2024-006, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified 252
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in this Resolution are based and contained in the Public Hearing record concerning Application No. TM-2024-006 as set forth in the Minutes of the City Council Meeting of April 7, 2026 meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20807 – 20883 Stevens Creek Blvd.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2024-008, ASA-2024-011, and TR-2024-033 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. PUBLIC ACCESS REQUIREMENTS
In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040 Cupertino General Plan in effect in January 2024, the applicant shall maintain public access to the privately maintained streets and walkways where public access easements are shown on the Vesting Tentative Map.

6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.
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7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant 254
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to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.

Except for otherwise noted, the following conditions must be completed and/or submitted prior to Final Map recordation.

9. OFFSITE STORM DRAIN CONNECTIONS
The City requires new development projects to connect to the City storm drain system via a manhole. Required full trash capture inlet devices are installed within the existing offsite inlets along Stevens Creek Blvd and Alves Dr. With the project proposing to connect to some of these existing inlets along Stevens Creek Blvd and Alves Dr, there is a concern that potential onsite flooding may occur due to the blockage of these devices. The Developer shall consider reconfiguring the proposed storm drain connections to connect directly to a manhole. However, if this cannot be achieved, the Developer shall provide a letter from the Owner stating the City will not be held liable if the trash capture devices cause onsite flooding.

10. LOT MERGER
Prior to final acceptance of the project, Developer shall merge the parcels created for the private street network into one lot as may be required by the Director of Public Works or shall include language in the Covenants, Conditions, and Restrictions (CC&R) to provide for City Manager review and approval of any amendments to the CC&R.

11. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project frontage will be required to the satisfaction of the Director of Public Works. Street improvements, grading and drainage plans must be completed and approved prior to Final map approval.

Street improvements may include, but not be limited to, new detached sidewalk, driveways, curb and gutter, utility connections, and street tree installations. All improvements must be completed and accepted by the City prior to Building Final 255
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Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

Additional comments will be provided and shall be incorporated prior to Final Map approval to the satisfaction of the Director of Public Works or his/her designee.

12. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City.

13. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first unless otherwise approved by the Director of Public Works or his/her designee.

14. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (eg. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first unless otherwise approved by the Director of Public Works or his/her designee.

15. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located.

16. GRADING
Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 256
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17. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and satisfy any requirements from the environmental analysis. Hydrology and preand post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible.

Additional comments will be provided and shall be incorporated prior to Final Map approval.

18. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site.

All storm water management plans are required to obtain certification from a City approved third party reviewer.
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If the Project is subject to (Covenants, Conditions, and Restrictions (CC&R) and Homeowners Association (HOA), CC&R must also include languages pertaining to the stormwater treatment measures.

19. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to Final map approval.

Credit shall be applied for the existing office
& retail uses (office $19.15 per sq ft, retail:
$10.94 per sq ft.)
f. Encroachment Permit Fee: Per FY 23-24 fee schedule ($3,601 or 5% of improvement costs)
g. Park Fees: Per FY 23-24 fee schedule: $60,000 per unit ($5,880,000 based on 98 units, 24 BMR units
waived)
h. Storm Management Plan Fee Per FY 23-24 fee schedule ($1,789) i. Street Tree Fee: By Developer or Per FY 23-24 fee schedule:
$515 per tree
j. Developer Contribution: $99,500 (Stevens Creek Blvd Class IV Separated Bike Lane frontage
improvements)
Bonds:
a. Faithful Performance Bond: 100% of Off-site Improvements b. Labor & Material Bond: 100% of Off-site Improvement
c. On-site Grading Bond: 100% of site improvements.
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The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.

20. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines.

21. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code).

22. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more) or the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code. The City Council has the ultimate discretion to require parkland dedication or accept park in-lieu fees.

23. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements.

24. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, stormwater treatment facilities, landscaping, street trees, sidewalk, pavers, and street lights.
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25. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices to the satisfaction of the Director of Public Works or his/her designee. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works.

26. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults, or as required by PG&E. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment.

Transformers shall not be located in the front or side building setback area unless it is the only acceptable location allowed by PG&E.

27. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company.

28. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans.

29. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 260
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30. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans.

31. WORK SCHEDULE
After building permit issuance, the developer shall submit a work schedule every six months to the City to show the timetable for all grading/erosion control work in conjunction with this project.

32. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City.

33. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125.

Developer shall install root barriers adjacent to the street trees along the curb and sidewalk to the satisfaction of the Director of Public Works.

34. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.

35. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant).

36. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.
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37. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers prior to Final Map approval.

38. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley.

39. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval.

40. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to Final Map approval.

41. STORM DRAIN SYSTEM POLLUTANT CONTROLS
Please identify all exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains, in the Final Stormwater Management Plan (SWMP). Full trash capture systems are required to prevent litter from entering the City’s storm drain system and/or any adjacent creeks or diversion channels.

42. DRAIN INLET MARKERS
All exterior storm drain inlets on the parcel must be clearly marked with “No Dumping Flows to Creek” or “No Dumping Flows to Bay”. An example of drain inlet markers may be viewed at the following: www.cupertino.org/greendev

43. PCB (POLYCHLORINATED BIPHENYLS) MANAGEMENT AND MITIGATION At the time of building permit application, PCB and remediation is required prior to obtaining a demolition permit. Structures built or remodeled between January 1, 1940 and December 31, 1980 must be tested for PCB presence. All demolition 262
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permit applicants, including residential, must complete the PCB Screening Assessment Form to determine if the structure being demolished is deemed an applicable structure. Additional information concerning PCB screening requirements may be viewed at www.cupertino.org/greendev . Additional information concerning assessment and testing requirements, qualified consultants to perform sampling, testing, and reporting may be viewed at https://scvurppp.org/pcbs-demo-permit/ . No demolition permit will be issued until all required PCB documents have been accurately completed, submitted to, and approved by the Environmental Programs division of the Public Works Department.

44. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY At the time of building permit application, a completed construction and demolition (C&D) Debris Recovery Plan (DRP) must be submitted. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. Project applicants and contractors must use Green Halo (Cupertino.wastetracking.com) to create their Plan and to submit all construction waste generation tonnage information. A hold on issuance of the building permit will be placed until the Plan is submitted and approved. A hold will be placed on the final inspection until all waste tonnage information for the project has been entered into Green Halo and approved by the Environmental Programs Division.

45. FIRE SUPPRESSION SYSTEM OR WATER LINE FLUSHING
If fire suppression system or water line flushing will be conducted as part of the scope of permitted work, complete and submit the Planned Water Discharge Form (www.cupertino.org/greendev) to the Environmental Programs Division several business days in advance of the scheduled discharge.

SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY

DISTRICT

46. INSTALLERS AGREEMENT
The property owner shall enter into an Installer’s Agreement with the District for the construction of the proposed sewer infrastructure prior to issuance of Building Permits.

47. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Sewer Development, Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance of Building Permits.
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48. UTILITY PLANS
Provide utility plan and profile sheets during the Building Permit phase.

CITY ENGINEER'S CERTIFICATE OF

ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. ___________________________
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A TREE REMOVAL PERMIT FOR THE REMOVAL AND
REPLACEMENT OF 249 DEVELOPMENT TREES IN COMBINATION OF IN-LIEU FEE LOCATED AT 20807, 20813, 20823 & 20883 STEVENS CREEK BLVD; APNs: 326-32-050, -051, -052, & -053)
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2024-033
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050, -051, -052, and -053
SECTION II: FINDINGS FOR A TREE REMOVAL PERMIT:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I of this resolution; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on March 24, 2026 , the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, on March 24, 2026 the Planning Commission recommended on a 5-0 vote that the City Council approve the Use Permit (U-2024-008) in substantially similar form to the Resolution presented (Resolution No. 2026-11), approve the Architectural and Site Approval Permit (ASA-2024-011) in substantially similar form to the Resolution presented (Resolution No. 2026-12), approve the Vesting Tentative Map (TM-2024-006) in substantially similar form to the Resolution presented (Resolution No. 2026-13), and approve the Tree Removal Permit (TR-2024-033), in substantially similar form to the Resolution presented (Resolution No. 2026-14); and
WHEREAS, the Planning Commission motion included a recommendation to City Council to explore additional benefits or assistance options for retail tenants that will be displaced due to this housing development and similar projects. The Planning 265
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Commission requested that the City Council, as a matter of establishing policy, consider items such as expedited permitting processes, consideration of reduced fees, and other opportunities for assistance for businesses impacted by seeking relocation; and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their locations.

The applicant proposes a combination of replacement trees throughout the site with payment of an in-lieu of tree replacement fee, in conformance with the Municipal Code Ordinance requirements. The project proposes to locate the replacement trees where tree coverage is needed, while protecting all off site trees adjacent to the project site.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 3 herein, and subject to the conditions contained in all other Resolutions approved for this Project
The application for a Tree Removal Permit, Application No. TR-2024-033, is hereby approved, and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2024-033 as set forth in the Minutes of the City Council Meeting of April 7, 2026 Meeting, and are incorporated by reference as though fully set forth herein. 266
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20807 – 20883 Stevens Creek Blvd.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM-2024-006, ASA-2024-011, and U-2024-008 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. TREE RETENTION
In accordance with the approved, peer-reviewed arborist report for this project, the applicant is required to protect in-place and retain the (6) Callery Pear street trees along Steven’s Creek Blvd #2, #5, #7, #8, #10, & #233; and protect in place neighboring trees located off-site along the shared west property line #250-#258.

6. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The required tree replacement for the project is eight (8) 36” box trees or 143 24” box trees, or a combination thereof that meets the minimum requirements. If the planting schedule is modified, the size of the proposed replacement trees shall be consistent with the following requirements of the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist:
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• Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree;
• Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and
• Over 36 inches shall be replaced with one 36-inch box tree.

Should it be determined that planting of replacement trees in the quantity or a portion of the quantity specified above cannot be accomplished in accordance with best forestry management practices, the applicant shall pay an in-lieu fee for each tree not replaced on-site in accordance with the in-lieu fee requirements outlined in Municipal Code Section 14.18.160(B).

7. ARBORIST REVIEW
Prior to building permit issuance, any modifications to the approved landscape plan including, but not limited to, the number, location, and species of replacement trees, shall be reviewed and approved by the City in consultation with the City’s Consulting Arborist, at the applicant’s cost. All replacement trees shall be planted prior to final building inspection. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacement trees have been planted. The City’s consulting arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy for any of the residential units.

8. TREE PROTECTION
a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added, at a minimum, to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. • No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
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• Tree protection conditions shall be posted on the required tree protection barriers.
• Retained trees shall be watered to maintain them in good health. • A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits.
c. The City’s consulting arborist, retained at the applicant’s expense, shall inspect the trees to be retained and the tree protection measures, and shall provide reviews prior to issuance of demolition, grading or building permits. d. A report ascertaining the good health of the trees mentioned above shall be provided by the applicant’s arborist, to be peer reviewed by the City’s Consulting Arborist, prior to issuance of final occupancy.

9. PROTECTED TREES
The applicant and future property owners understand that the replacement trees and all other trees approved with this development may not be removed without the prior approval by the Community Development Department of a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement and development trees on site upon sale of the property.

10. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

11. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The 269
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indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

12. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Lauren Sapudar, City Clerk
________________________
Date
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Housing Accountability Act (HAA)
The Housing Accountability Act (HAA), codified in California Government Code § 65589.5, prohibits cities from disapproving, or adding conditions of approval that would render infeasible, a housing development project unless the proposal is found to be in violation of an objective general plan or zoning standard, unless otherwise waived or reduced through use of the Density Bonus law, or the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making, or hearing body to further applicable City goals, policies, and strategies – any changes required by the decision-making, or hearing body that are not based on objective standards may not result in making the project, as proposed, infeasible or reduce the number of housing units.

Housing Crisis Act (HCA)
The Housing Crisis Act (HCA), adopted in 2019 under Senate Bill 330, and amended in 2021 by Senate Bill 8, broadly aims to address actions that would decrease or delay the approval and development of new housing by requiring the timely processing of permits by local agencies. Among many components, the law includes a provision to allow applicants to vest ("lock-in") fees, ordinances, policies, and standards that are in effect at the time of submittal of a SB330 preliminary application to the City. Only the limited information specified in State law is required for the submittal of a SB330 preliminary application. Further, the law prohibits the City from conducting more than five hearings, or meetings, in connection with the approval of a housing development project.

State Density Bonus Law (SDBL)
California’s Density Bonus Law (SDBL), codified in California Government Code § 65915- 65918, aims to promote and facilitate the creation of affordable units in new housing projects by allowing:
• A density "bonus" that allows for an increase to a property’s base density (I.e., more market rate units than allowed by the density, as determined by the specific percentage and level of affordability of the affordable units included in a project.); • Unlimited waivers to development standards that would physically preclude the construction of the project as designed (I.e., modifications or elimination of any development standard);
• Concessions that modify development standards to achieve an identifiable and actual cost reduction (i.e., Specified number of incentives as identified in state law based on the level of affordability and percentage of affordable units ); and • Reduced parking standards. Parking standards identified in state law by project type, proximity of transit facilities, affordability level of the development (or affordable units) and/or number of bedrooms ).
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Proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino September 5, 2024 (revised 12/18/25) 0030-001 Page 1
Michelia Arboriculture, LLC | 925-515-1362 | [email protected] September 5, 2024 (revised December 18, 2025)
Kevin Choy
Harvest Properties, Inc.
530-574-5339 | [email protected]
Dear Kevin,
This revised arborist report addresses the proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino. This revision addresses comments from the city and their contract arborist. Changes to the report are highlighted in red text for visibility.

For this report, I referenced the following:
• Email communication with Catherine Tarone, Cupertino Planning, on April 8, 2024 • City of Cupertino Municipal Code Chapter 14.18 (Protected Trees) and 19.28.120 (Privacy Planting)
• Title survey by Slooten Consulting, Inc. (undated)
• Plans by CBG Civil Engineers (December 24, 2025)
• Landscape plans by GATES + Associates (December 24, 2025) • Planning & city consulting arborist comments (September 2 & 13, 2025) The definitions of “protected tree” in the ordinance (14.18.050) covers several categories, including “heritage trees”, “mature specimen trees”, “privacy planting”, and “development trees”.

For this property, the defining category is “development tree”. Per my emails with the city, “any property with a P in front of the zoning means Planned Unit Development and all trees on these properties are considered Development Trees”. Therefore, every tree on the property is considered protected.
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Proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino September 5, 2024 (revised 12/18/25) 0030-001 Page 2
Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Table of Contents
Site & Project Summary................................................................................................................ 3 Assumptions & Limitations............................................................................................................ 4 Observations & Discussion of Tree Impact................................................................................... 5 Native species ........................................................................................................................... 6 Anticipated construction impacts............................................................................................... 6 Proposed replacement trees.......................................................................................................10 Tree Protection Recommendations ............................................................................................10 Appendix 1: Tree Inventory Table...............................................................................................13 Removal rationale per CMC 14.18.180 Review, Determination and Findings ........................14 Appendix 2: Tree Protection Plan ...............................................................................................31 274
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Proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino September 5, 2024 (revised 12/18/25) 0030-001 Page 3
Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Site & Project Summary
The project site is a large commercial property made up of four separate parcels, for a total of

6.93 acres. To the west is a Whole Foods, church, and single-family residential properties; to the right is a commercial property. Nine separate structures are roughly placed in 2 parallel rows in a north-south orientation; the remaining area is made up of parking lot and relatively small landscape planters. One dedicated entry way bisects the property and connects Alves Drive to Stevens Creek Blvd, but it also shares a second entryway – at the southeast corner – with the adjacent plaza. The single-family residential properties at the northwest corner harken to the transition zone to more residential properties to the north. The current use is a mix of commercial purposes, including food businesses in the southeast building and office or medical uses in the remaining buildings. In addition to Apple offices, the site also houses Cupertino and Burbank Sanitary Districts.

I included 269 trees in my tree inventory,
including 18 off-site trees. The high tree
count is possible only because of the density
of the tree plantings, which feature many
trees in crowded landscape areas that are
too small to support their mature size (Figure
1). There is a low to moderate degree of
species and size diversity in the tree canopy.
23 species were recorded, including three
California-native species (coast live oak,
coast redwood, Monterey pine). The coast
redwood (Sequoia sempervirens) is the most
abundant tree with 75 individuals, making up

27.9% of the total. It is distantly followed by
37 Japanese maples (Acer palmatum,

13.8%) and 32 crape myrtles (Lagerstroemia
CV, 11.9%). The City-owned street trees
consist of 6 Callery pears (Pyrus calleryana),
while the other 12 off-site trees include
Canary Island pines (Pinus canariensis),
coast live oaks (Quercus agrifolia) and
Brazilian peppers (Schinus terebinthifolia)
along the west property line.

The proposed project will clear the property
to build a total of 122 units of housing,
including 66 single-family detached homes and 56 multi-family units (in buildings of eight units each). The multi-family buildings are located on the south portion of the property, transitioning to single-family on the north side closer to the other single-family properties. The new homes and Figure 1. Many trees are planted in small areas that may support one mature tree, at most (sometimes 0 trees; #171- 173 shown above).
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Proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino September 5, 2024 (revised 12/18/25) 0030-001 Page 4
Michelia Arboriculture, LLC | 925-515-1362 | [email protected] associated driveways and utilities will essentially
take up the entire site, requiring grading that
basically spans property line to property line.

All existing features, including almost every tree,
will need to be demolished to complete the project.

It is my opinion that 249 on-site trees will need to
be removed, which only leaves two remaining trees
within the site boundaries. The six Callery pears in
the frontage sidewalk were originally proposed for
removal on account of poor structure and species
choice, but they will be retained per city request
(Figure 2). The efforts of tree preservation are thus
focused on a total of 20 trees within or adjacent to
the site. Design changes were made to provide
additional space along the west property line to
reduce impact on those trees. The high number of
tree removals means that mitigation requirements
are high – I advise against trying to squeeze as
many trees on site as possible. For long-term
success, appropriate growing areas should be
provided to avoid the same problems that affect the
site today.

Assumptions & Limitations
The trees were not surveyed; their locations were approximated by me based on the survey.

The accuracy of the tree protection recommendations thus may vary since they are based on estimated tree locations. For greater accuracy, survey the off-site trees. Precise locations of the on-site trees are less important because they will still be removed.

The tree assessment provided by this report represents a snapshot in time of the trees’ conditions. It is not possible for arborists to predict long-term tree condition. Changes in weather/climate or environmental alterations can present unexpected impacts on the health and stability of trees (e.g. storm events, severe drought or heat, landscaping, repairs, irrigation reduction, other changes especially on adjacent properties). Specifically, Monterey pines are unpredictable in their rate of decline and may suddenly die within a few months. Because of these reasons, it is also not possible for arborists to guarantee that trees will not fail. To live with trees means to accept a certain level of risk, which can only be fully eliminated by removing the trees.

Figure 2. Callery pear #233 is one of the 6 sidewalk
trees. They were originally proposed for removal but
now remain per city request in cut-outs that are similar or larger to the existing cut-outs.
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Proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino September 5, 2024 (revised 12/18/25) 0030-001 Page 5
Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Observations & Discussion of Tree Impact
Most of the site is covered by buildings and hardscape. Landscape areas are mainly restricted to narrow planting strips between the buildings and walkways/parking. Tree distribution is good, with large trees in larger connecting planting areas. Smaller trees are squeezed in between buildings and in raised planters. In spite of the limited landscape area, the total number of trees is exceptionally high at 269 - which is achieved through overplanting, resulting in overly crowded trees. This approach to tree planting is common in office & industrial parks, especially if there are minimum requirements for tree planting. If enough space were given to allow the trees to grow to their full size, there would be far fewer trees on the property. Unfortunately, high tree density usually translates to high tree removals during construction projects. The 269 trees are divided into 23 species, outlined in the table below, with coast redwoods being the dominant species. The California-native species will be briefly discussed.

Species Scientific name # of
trees
% of
total
Notes
African fern pine Afrocarpus
falcatus
5 1.86 Ornamental
Bottlebrush Callistemon sp. 13 4.83 Ornamental
Brazilian pepper Schinus
terebinthifolia
8 2.97 Ornamental
Brisbane box Lophostemon
confertus
1 0.37 Ornamental
Callery pear Pyrus calleryana 11 4.09 Ornamental
Canary Island pine Pinus canariensis 12 4.46 Ornamental Cheesewood Pittosporum tobira 4 1.49 Ornamental
Chinese pistache Pistacia chinensis 2 0.74 Ornamental
Coast live oak Quercus agrifolia 2 0.74 Native species
Coast redwood Sequoia
sempervirens
75 27.88 Native to California, but not locally.

High water species.

Crape myrtle Lagerstroemia CV 32 11.90 Ornamental
Deodar cedar Cedrus deodara 2 0.74 Ornamental
Evergreen pear Pyrus kawakamii 6 2.23 Ornamental
Hackberry Celtis sp. 12 4.46 Ornamental
Japanese maple Acer palmatum CV 37 13.75 Ornamental
Monterey pine Pinus radiata 1 0.37 Native to California, but not locally.

Easily drought stressed species.

Olive Olea europea 1 0.37 Ornamental
Purple leaf plum Prunus cerasifera 8 2.97 Ornamental
Seaside
pittosporum
Pittosporum
tenuifolium
5 1.86 Ornamental
Sweet bay Laurus nobilis 2 0.74 Ornamental
Sweet gum Liquidambar
styraciflua
20 7.43 Ornamental
Water gum Tristaniopsis
laurina
8 2.97 Ornamental
White birch Betula pendula 2 0.74 Ornamental
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Proposed residential development at 20807-20883 Stevens Creek Blvd, Cupertino September 5, 2024 (revised 12/18/25) 0030-001 Page 6
Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Native species
There are three California-native species on
the site: coast live oak, coast redwood,
Monterey pine. The most abundant species is
coast redwood (Sequoia sempervirens), which
is native to the coast and not Cupertino. In
their natural habitat, they receive a significant
amount of water through fog. In warmer inland
regions like Cupertino, redwoods must be
sustained by high quantities of water which is
at odds with state & local water restrictions
(Figure 3). A spectrum of drought stress is
reflected in tree health in the on-site trees –
the healthy redwoods (#235-244) at the
southwest end are relatively protected by two
buildings, while the redwoods at the east
property line are more exposed and stressed.

Some of the redwoods on the east side have
died or were pruned aggressively to clear the
power lines. Since they are large trees, they
also need more of their root systems preserved
to remain healthy and stable after construction.

Unfortunately, due to the density of the new
development, adequate space cannot be
provided. All 75 redwoods will be removed for
construction.

There is only one Monterey pine (Pinus radiata), found at the north property line, which will also be removed as part of the project. Monterey pines are also native to the coast, so they easily succumb to drought stress and beetle attack in warmer regions.

Coast live oak (Quercus agrifolia) is the only species that is native to this specific region, making it well adapted to dry and hot summers. The two oaks are both off-site, about 4’-10’ west of the fence (#260 & 264, Figure 5). These two trees are among the 20 trees that will be preserved.

Anticipated construction impacts
The roads, homes, and utilities proposed for the project almost cover the entire property. It is expected that all existing features will be demolished, and the site will be graded nearly property line to property line. Silva cells will be incorporated into the new stormwater system; the structures are designed to support surfaces while providing a belowground reservoir for uncompacted soil and water. Unfortunately, while they benefit newly planted trees, they are often at odds with existing trees. Silva cell installation requires excavation and ends up removing a lot of tree roots (Figure 3). With infrastructure requirements, it’s not possible to Figure 3. The coast redwoods are the dominant tree but
are not native to the area and have high water needs.

Ample irrigation, like for turf, is needed to maintain health. (Trees #130-132 will be removed due to proposed
buildings and Silva cells)
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] provide enough above- & below-ground space to save the on-site trees. Thus, all but two on-site trees will be removed (total 249 on-site trees). The remaining two on-site trees are Canary Island pines #142 & 143 at the northwest corner. The primary impact on the two trees will be from hardscape installation – encroaching as close as 3’ from tree #143, and 6’-12’ from tree #142. Although a 3’ clearance sounds excessively close, there is a large utility box within this area, and a sidewalk further away. Both features may have limited root growth into the area that will encompass the new sidewalk and walkways. Canary Island pines are also tolerant of root loss, especially when they are healthy like these two specimens. The contractors should switch to hand digging near the trunk, which will allow for more careful excavation around larger roots.

An arborist should also be retained to review the roots before they are cut.

Additionally, there are six Callery pears growing in sidewalk planters along the Stevens Creek Blvd frontage (Pyrus calleryana, Figure 2). They include trees #2, 5, 7, 8, 10 & 233; I assume these are City-owned trees. The pears are relatively young trees but are close to their maximum height. Although this tree has excellent fall color and attractive flowers, its benefits stop there.

The species is notorious for its poor structure, as evidenced by multiple narrow stems that originate from the same height on the trunk. As each stem grows thicker, it pushes on its neighbor and the weakest stem(s) will break. Additionally, it’s highly susceptible to fire blight, a bacterial disease spread by rain & pollinators. The disease kills branch tips and continues to progress lower in the tree. To manage this disease, the trees must be regularly sprayed before infection begins, and branches must be pruned several inches below the affected area. Over time, Callery pears are often disfigured by management pruning. These trees were originally proposed for removal because of their structure and species, but they will now be retained per city request. Based on
the latest landscape
plans, the new
sidewalk planters will
be the same size or
slightly larger. Since
there is evidence of
concrete lifting and/or
repair, excavation
should proceed by
hand around larger
roots. An arborist
should be consulted for
recommendations if
roots > 1” diameter and
larger are encountered.

The majority of the tree
protection efforts are
focused on the 12 offsite trees along the
Figure 4. A row of Canary Island pines grow behind the Whole Foods building; their roots are likely to grow into the property (#250-254 shown above). The landscape area should be fenced off up to the parking lot & an arborist must monitor storm drain work next to the trees.
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] west property line. Minimizing impact to off-site trees is crucial – legally, a property owner does not have the right to harm their neighbors’ trees. There are nine Canary Island pines planted next to the Whole Foods building, approximately 6’ from the property line fence (Pinus canariensis, trees #250-258; Figure 4). A short concrete border is visible below the fence, but its depth is not clear. On the subject property, there is a tall retaining wall by trees #250 & 251 and a wider landscape area by trees #252-258. If the concrete border extends several feet below grade, it may act as a root barrier, but roots will often return to the surface once they bypass the barrier. The existing parking lot may have limited root growth – the subgrade is normally very compacted and unattractive for roots. Over time, as asphalt degrades and becomes more permeable to water, roots may start to extend under the pavement. To be safe, I assume that roots will have grown past the property line into the landscape area.

The adjacent street was originally much closer to the property line, which would have damaged the roots of the pines. I recommended that the design be changed to preserve the existing landscape area, thereby protecting most of the roots on the subject property. While the road was shifted, a new storm drain will run parallel to the property line through the landscape area.

Because of site constraints, it may be difficult to further relocate this line, especially with four other utilities running through the street. I highly recommend exploring methods that do not involve open trenching to avoid damaging large roots; excavation should only proceed with an arborist on site. The latest grading plan also shows a 3.5’ tall retaining wall at 5’ from the property line. This puts the new wall just outside the existing landscape area in the current parking lot. The wall will be ~11’ from the trees, which is an acceptable distance especially since their roots have already been affected by the asphalt. There are no substantial changes to my recommendations, except that an arborist should also be present when the wall footing is excavated.

North of the pines are two coast live oaks (Quercus
agrifolia, #260 & 264, Figure 5). They are young and
healthy, therefore more resilient to construction
impacts. Proposed grading will start at the property
line with the following impacts:
• Tree #260: >3’ drop over about 16’; grading
starts 8’ from the tree. Impact is low, no
changes to recommendations (Should the
contractors encounter roots > 1” diameter by
tree #260, they should consult an arborist for
recommendations.)
• Tree #264: 1.5’ drop starting 4’ from the
trunk. Impact is likely acceptable, but an
arborist shall monitor the process to prevent
unnecessary root damage.

Figure 5. Coast live oak #260 overhangs the site –
it should be protected with temporary fencing.
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] The last off-site tree is a Brazilian pepper at the north end of the site (Schinus terebinthifolia, #266, Figure 6). This species is
notoriously weedy, in part due to
its seed production and highly
variable habit. It can grow as a
vine, shrub, and tree - all on the
same plant. This specimen is
more like a grove of multiple
volunteers. The Brazilian peppers
I reviewed for this project have
disproportionately high numbers
of trunks relative to the size of
their canopies. If the trees had 1/3
to 1/2 of their current trunks, they
would still have a similar-sized
canopy – instead, each trunk only
supports a smaller percentage of
the total foliage. The species has
a good tolerance to construction
impacts, but I still recommend
having an arborist on site while the road is graded next to the tree. Minor grading is expected, with a half foot drop down from the property line. Some root pruning is likely to occur, so supplemental irrigation is needed to mitigate stress that may result. The method of watering will likely vary depending on the stage of construction, e.g. using water trucks early on when water lines are not complete.

In addition to being cautious during excavation, the adjacent landscape areas must also be protected with temporary fencing once excavation is completed – this applies to any tree that is retained. While it may seem insignificant, construction can cause a lot of damage to trees even through indirect activities. Because the site is level and accessible, the contractors are likely to spread their materials and equipment throughout the whole site. Those activities can compact and contaminate soils within the trees’ root zones. When soil is compacted, space for roots, oxygen, and water become limited. Over time, tree health can decline as the roots struggle to access the resources they need. It can take many years for the negative impacts to show, at which time it is usually too late (and very expensive) to reverse the impacts. The simplest way of protecting the soil and roots is to install a temporary chain-link fence to create a no-impact zone around the trees. Alternatively, a combination of wood chips & steel plates or thick plywood may be used. The goal of these methods is to create a buffer over the soil and roots. Other alternatives can be considered but should be discussed with an arborist. Since the fenced area serves as a “tree protection zone”, any work that requires digging should be kept outside of the fence. Otherwise, an arborist needs to review and approve the work so that the appropriate measures can be taken to maintain low impact.

Figure 6. Brazilian pepper #266 is a cluster made up of several separate trunks; the hedge on the property also includes pepper stems. An arborist shall be on-site to monitor grading next to this cluster. 281
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Proposed replacement trees
The September 2, 2025 arborist peer review includes this comment on page 3: “It was not clear whether a certified arborist has assessed whether replacement trees can be reasonably planted on the subject property. Given the overcrowded planting in the existing conditions, replacement on-site at current or higher density is not appropriate.” The proposed planting plan includes 65 trees that will become large at maturity (Armstrong maple, ginkgo, live oak, Chinese elm). Smaller trees are disregarded for this discussion. The largest oaks are placed together in a courtyard, where there is more space compared to landscape areas between buildings and hardscape. None of them will have an ideal amount of space, since new utilities and hardscape must also be installed throughout or adjacent to landscape areas. This is the unfortunate reality of tree planting requirements in urban or suburban developments, where there are many demands on space. It is my opinion that the number of trees that have been specified is a reasonable compromise and offers a reduction in tree density (currently, there are 129 large trees on the site).

Tree Protection Recommendations
Design Phase
• As the design progresses, ensure that the native grade is not disturbed within the temporary fencing area that is highlighted in the Tree Protection Plan that accompanies this report. o If encroachment is needed within the fenced area, discuss the impacts with the Project Arborist before finalizing the design.
o Additional tree protection measures may be needed, including but not limited to:
digging by hand or with air/water-assisted methods; providing supplemental irrigation; arborist monitoring during excavation. If the measures are not feasible, the trees may need to be removed.
• If the off-site trees are surveyed, the Project Arborist shall review updated plans to determine whether the tree protection recommendations still apply. • Include a note in construction documents (on relevant sheets) that less invasive methods of excavation may be needed around trees #250-259 if significant roots are encountered within 12”-18” of existing grade. Methods may include but are not limited to air/water-assisted excavation tools, directional boring, hand digging, etc.

Pre-Demolition Phase
• Contractors:
o Inform all contractors and subcontractors of the significance of protecting the off-site trees, as the financial consequences for tree damage may be significant (both in city fees and claims from off-site tree owners). A pre-construction meeting may be needed to review the tree protection measures and work plan before demolition begins.
o Keep your Project Arborist informed of the construction schedule, especially the excavation phases where monitoring or recommendations are needed. 282
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] • Temporary tree fencing:
o Before equipment arrives on site, install temporary 6’ chain-link fencing around trees #2, 5, 7, 8, 10, 142, 143, 233, 252-258, 260 & 264 as noted on the Tree Protection Plan.
o Leave additional fencing by tree #252 so the protection area can be expanded to include trees #250 & 251 after demolition is completed. o If the fencing location(s) will obstruct construction access, discuss other options with the Project Arborist.
o The fencing shall stay upright and secure throughout the project. To modify the fencing, consult the Project Arborist to determine what substitute tree protection measures are needed to provide the same degree of protection. Fencing shall not be moved or adjusted without the Project Arborist’s approval. • Pruning: Limit clearance pruning to the bare minimum, i.e. enough to just clear the air space needed for construction. Pruning shall be done by a tree service with a certified arborist onstaff, before construction begins. • Wood chips, optional: If desired, spread the wood chips generated by tree removal within the fenced areas. The wood chips will conserve water and contribute nutrients to the trees; they can also be left in place after construction.

Demolition Phase
• Remove every tree EXCEPT trees #2, 5, 7, 8, 10, 142, 143, 233, 252-258, 260 & 264 (249 trees to be removed; 20 trees to remain).
• After demolition is completed, extend the tree protection fencing to enclose trees #250 & 251 as noted on the Tree Protection Plan.

Construction Phase
• The Project Arborist shall be on-site during storm drain and retaining wall excavation by Canary Island pines #250-259. If significant roots are encountered within 12”-18” of existing grade, less invasive methods may be needed (e.g. air/water-assisted excavation methods; directional boring, hand digging). Once the storm drain is completed, fencing must be immediately reinstalled.
• The Project Arborist shall also be on-site during grading for the road by coast live oak #264 and Brazilian pepper #266. Regularly moisten the soil by this tree with methods available during that phase of construction (e.g. water truck, soaker hoses). • If roots > 1” diameter are encountered during excavation or grading by coast live oak #260, consult the Project Arborist for recommendations.
• For Canary Island pines #142 & 143, hand excavate along the sidewalk within 8' of trunk.

Consult the Project Arborist for recommendations before root pruning. • For sidewalk pear trees #2, 5, 7, 8, 10 & 233, hand excavate around roots > 1” diameter or larger. Consult the Project Arborist for recommendations before root pruning. • All root pruning shall be completed with sharp tools (hand pruners, loppers, handsaw, Sawzall, or circular saw), making the smallest possible cut – perpendicular to the length of the root rather than at a diagonal. Roots must then be covered and kept moist until the soil is backfilled.
• At any time, if damage occurs to any tree, immediately consult the Project Arborist for recommendations on how to mitigate the damage.
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Post-Construction Phase
• If the Project Arborist deems it necessary during construction, supplemental irrigation should be provided for one growing season after construction is completed (~9 months). A temporary option with soaker hoses may be used. The hoses should be laid out as close to the edge of the tree canopies as possible. Leave them at a slow drip rate for 8 hours once a month (overnight is ideal). The irrigation off-sets water stress that may result from root pruning.

The tree inventory table & tree protection plan are attached after this page. Should you have any questions or need clarification, please reach out at any time.

Sincerely,
Jennifer Tso
Michelia Arboriculture, LLC
Board Certified Master Arborist #WE-10270B
925-515-1362 | [email protected]
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Appendix 1: Tree Inventory Table
The tree inventory table includes individual tree data as required by the City of Cupertino. The data is explained as follows:

ID # # assigned to each tree, correlating with a metal tag affixed to their trunks. Off-site trees are not tagged if their trunks are not accessible from the property; tags may be applied to the property line fence if feasible. Note: tree #105 is a shrub and was omitted from the report.

Species Common name; for botanical name, see table on page 4.

DBH Diameter at Breast Height (4.5’ above ground) in inches; trunk is measured with a diameter tape. For off-site or inaccessible trees, the trunk size may be visually estimated instead.

Health Health and vigor of the tree. Ratings are broken down into:
• Good: The tree is growing well with vigor appropriate for its age – canopy is full with good color. Pest or disease issues may be present but have low impact on the tree.
• Fair: The tree is showing signs of stress, exhibited as sparseness of canopy, change in foliage color, and minor-moderate signs of pest or disease issues. It can recover as long as conditions naturally improve. • Poor: The tree is stressed with tip dieback; it is unable to overcome pest & disease issues. Immediate long-term intervention and care is needed to avoid decline to the point of non-recovery.
• Very Poor: The tree has significant issues and has declined so far that it is unlikely to recover.
• Dead: No life remains in the tree.

Structure Architecture & defects of the tree. Ratings are broken down into:
• Good: The tree has ideal trunk & branch architecture. • Fair: Branch defects, poor attachments and decay may be present, but they can be mitigated with 1-2 pruning cycles (over 3-5 years). • Poor: Defects cannot be mitigated without long term management (10+ years); support systems like cabling and bolting may be needed in conjunction with pruning to reduce risk to the property. • Very Poor: The tree has significant issues that cannot be corrected and may be a hazard to the property.

Dripline The canopy (“dripline”) radius is visually estimated in feet in each cardinal direction (north, east, south, west).

Appraised
Value
For trees > 36” diameter, appraised values were estimated for mitigation purposes.

An estimate of the value of each tree is obtained based on best practices, using the Trunk Formula Technique outlined in the 10th Edition of the Guide for Plant Appraisal by the Council of Tree & Landscape Appraisers (CTLA). The cost to replace a perfect specimen of like-size is calculated, then depreciated by the subject tree’s current health, structure, form, factors that are inherent to the species and property, and external factors that are out of the property manager’s control.

Notes Proximity to the project’s improvements, and the anticipated impact based on tree condition, species tolerance to disturbance, future longevity, etc.

Actions Includes recommended actions based on impacts, including tree protection measures. Includes reason for removals per CMC 14.18.180 Review, Determination and Findings.
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] Removal rationale per CMC 14.18.180 Review, Determination and Findings Per the city’s completeness comments, the tree inventory table was updated with the reason for tree removal, according to code section CMC 14.18.180. The descriptions are as follows:

1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services;

2. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

3. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property.

4. That the mature specimen trees with single trunk between twelve inches DBH and twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and forty-eight inches DBH in R1, A1, A, RHS, and R2 zones will be replaced by planting a replacement tree and/or by contribution to the City’s Tree Fund. Not applicable to property.

In the “Actions” column of the tree inventory table, a number was assigned with a brief explanation as to how the removal fits into one of the categories. For example, “1-dying” indicates a tree that falls under the first removal category – one that is in very poor health and will not recover. Most of the trees fall under “2-economic use” since they will be difficult to preserve in the face of the proposed project.
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
1 Callery pear 8.5 Good Good-Fair 6, 8, 9, 8 Fire blight, overpruned. Surface roots, lifting bricks along sidewalk.

Remove. 2 -
economic use
2 Callery pear 8 Good-Fair Fair 9, 6, 6, 9 Sidewalk tree (city/off-site?). Fire blight. Overpruned especially on street side. Surface roots, lifting sidewalk pavers in 3 areas. Proposed sidewalk planter same size
as existing.

Protect with temporary
fencing. Hand
excavate around roots
> 1" and larger and
consult arborist for
recommendations.
3 Callery pear 8.5 Good-Fair Good-Fair 6, 3, 5, 9 Overpruned. Fire blight. Lifting paver on patio. Remove. 2 - economic use
4 Callery pear 5 Good-Fair Good 6, 4, 3, 5 Crowded by #5. Patio pavers lifted with added concrete.

Fire blight.

Remove. 2 -
economic use
5 Callery pear 10 Good Fair 10, 10, 4, 7 Sidewalk tree (city/off-site?). Significant epicormic shoots, some stunted. Lifting pavers along sidewalk.

Proposed sidewalk planter same size as existing.

Protect with temporary
fencing. Hand
excavate around roots
> 1" and larger and
consult arborist for
recommendations.
6 Callery pear 7 Good-Fair Fair 6, 7, 5, 4 Fire blight. Lean to NE, E side of trunk damaged by metal grate.

Remove. 2 -
economic use
7 Callery pear 9 Good-Fair Fair 8, 8, 10, 6 Sidewalk tree (city/off-site?). Fire blight. Entire SW trunk sunburned. Cracking and lifting concrete and
pavers around planter. Proposed sidewalk planter same
size as existing.

Protect with temporary
fencing. Hand
excavate around roots
> 1" and larger and
consult arborist for
recommendations. 8 Callery pear 9 Good Fair 4, 5, 3, 8 Sidewalk tree (city/off-site?). Abundant epicormic shoots. Crowded codominant stems. Proposed sidewalk
planter same size as existing.
9 Callery pear 7.5 Good-Fair Good-Fair 5, 3, 3, 7 Overpruned. Torsioned trunk. Remove. 2 - economic use
10 Callery pear 9 Good Fair 8, 5, 8, 9 Sidewalk tree (city/off-site?). Topped in past; rounded canopy. Crowded stems all arise at 10' above grade.

Proposed sidewalk planter same size as existing.

Protect with temporary
fencing. Hand
excavate around roots
> 1" and larger and
consult arborist for
recommendations.
11 Purple leaf plum 9 Good Fair-Poor 7, 6, 11, 6 Lions tailed. Bark of E surface root worn off. Remove. 2 - economic use
12 Purple leaf plum 7.5 Good Fair-Poor 9, 6, 5, 11 Lions tailed and excessively raised. Minor patio lift. Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
13 Purple leaf plum 6.5 Good Fair-Poor 6, 6, 5, 11 Lions tailed. Remove. 2 - economic use
14 Purple leaf plum 8 Good Fair-Poor 10, 6, 6, 11 Lions tailed. Remove. 2 - economic use
15 Hackberry 5.5 Good Good-Fair 11, 10, 13,
12 Species with corky bark protrusions. Overpruned in past, resulting in vigorous new growth.

Remove. 2 -
economic use
16 Sweet bay 3 Good Fair 3, 4, 2, 2 Still staked, significant trunk damage on W - may be rubbing or sunburn.

Remove. 2 -
economic use
17 Hackberry 7 Good Good-Fair 12, 11, 11,
12 Species with corky bark protrusions. Previously topped, resulting in very vigorous new growth.

Remove. 2 -
economic use
18 Sweet bay 5.5 Good Good 7, 6, 6, 7 Sunburn on W side of tree. Trunk shape elliptical, metal grate has been cut away for trunk.

Remove. 2 -
economic use
19 Hackberry 11 Excellent Fair 14, 17, 14,
15 Species with corky bark protrusions. Previously topped, resulting in very vigorous new growth.

Remove. 2 -
economic use
20 Chinese pistache 7 Good Fair 7, 8, 10, 8 Codominant stems at 7'. Remove. 2 - economic use
21 Chinese pistache 7 Good Good 10, 6, 7, 12 Branches torn off on E side. Remove. 2 - economic use
22 Hackberry 9.5 Good Good 6, 9, 10, 8 Smooth-barked species. Canopy relatively small. Lions tailed.

Remove. 2 -
economic use
23 Hackberry 8.5 Good Good-Fair 7, 8, 6, 12 Smooth-barked species. Lions tailed. Elliptical shaped trunk. Sunburn on E side.

Remove. 2 -
economic use
24 Hackberry 8.5 Good Good-Fair 6, 6, 9, 8 Smooth-barked species. N curb cracked. Large scaffold at 6'. Lions tailed.

Remove. 2 -
economic use
25 Hackberry 8 Good Good 6, 9, 8, 8 Smooth-barked species. Car damage to N side of trunk. Remove. 2 - economic use
26 Hackberry 9 Good Fair 7, 7, 5, 7 Smooth-barked species. Lions tailed. Remove. 2 - economic use
27 Hackberry 5.5 Good Good 7, 4, 6, 7 Smooth-barked species. Small canopy. Remove. 2 - economic use
28 Hackberry 10.5 Good Fair 7, 8, 9, 12 Smooth-barked species. Lions tailed. Remove. 2 - economic use
29 Hackberry 6.5 Good Good-Fair 3, 7, 7, 8 Species with corky bark protrusions. Narrow canopy. Remove. 2 - economic use
30 Hackberry 6 Good Fair 8, 10, 7, 12 Species with corky bark protrusions. Lions tailed. Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
31 Coast redwood 20 Fair-Poor Good 7, 10, 9, 8 Sparse canopy with stunted growth. Hangers in tree.

New sidewalk and ramp around tree.

Remove. 2 -
economic use
32 Coast redwood 16 Dead Dead 5, 4, 7, 9 Basically dead. Remove. 1- dying 33 Coast redwood 20 Fair Good 15, 12, 5, 6 Sparse canopy, esp. at top (appears fuller in photo).

Branch failures on roof.

Remove. 2 -
economic use
34 Coast redwood 22 Good Good 16, 6, 10, 11 Slightly sparse canopy. Remove. 2 - economic use
35 Coast redwood 23 Good-Fair Good 8, 8, 7, 12 Slightly sparse canopy, especially at top. Remove. 2 - economic use
36 Coast redwood 19 Poor Good 12, 10, 8, 4 Very sparse canopy. Remove. 2 - economic use
37 Coast redwood 15.5 Fair Good-Fair 9, 3, 10, 10 Sparse canopy, especially to E. Overall stunted in size, shortened branches to E.

Remove. 2 -
economic use
38 Coast redwood 30 Fair-Poor Good 14, 9, 10, 13 Sparse, stunted and chlorotic canopy. Remove. 2 - economic use
39 Coast redwood 23 Fair-Poor Good 7, 11, 8, 10 Sparse and stunted canopy with chlorotic needles.

Cracking curb.

Remove. 2 -
economic use
40 Coast redwood 24 Good-Fair Good 7, 12, 8, 14 Slightly sparse canopy. Cracking curb. Remove. 2 - economic use
41 Coast redwood 24.5 Good Good 12, 14, 8, 12 Remove. 2 - economic use
42 Water gum 3 Fair-Poor Good 5, 2, 2, 3 Sparse and stunted. Remove. 2 - economic use
43 Water gum 5 Fair Good 7, 3, 3, 5 Stunted, chlorotic and sparse canopy. Remove. 2 - economic use
44 Sweet gum 13.5 Good-Fair Fair 12, 9, 12, 12 Dead 3" branch to SE over walkway, 2" towards parking space.

Remove. 2 -
economic use
45 Japanese maple 3.5, 2.5,

3.5, 3, 2,

1.5, 2.5
Good-Fair Good 9, 7, 7, 7 Overpruned, small dead branch to E. Remove. 2 - economic use
46 Crape myrtle 2, 2, 2, 2.5,
1 Fair-Poor Fair/FairPoor5, 3, 0, 1 Very stunted and sparse (poor lighting); branches very elongated and skinny.

Remove. 2 -
economic use
47 Japanese maple
(Bloodgood)
6 stems x

0.5"
Poor Fair 1, 1, 3, 2 Tag at base of tree. Top dying. Remove. 2 - economic use
48 Coast redwood 12 Good Fair 8, 6, 7, 9 Canopy appears to have been thinned, which accounts for the sparseness.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
49 Coast redwood 20 Fair Good 10, 8, 10, 11 Sparse and chlorotic canopy, especially at top. Remove. 2 - economic use
50 Coast redwood 28 Fair Good 13, 9, 8, 15 Sparse and chlorotic canopy, especially at top. Remove. 2 - economic use
51 Coast redwood 38.5 Fair-Poor Good-Fair 7, 12, 14, 12 $7,200.00 Subordinated vertical stem at 25' above grade. Fuzzy shoots along elongated branches. Concrete steps raised, concrete walkway cracked and lifted. Electrical box
raised above grade. Property to E drops several feet into parking lot.

Remove. 2 -
economic use
52 Coast redwood 50 Fair-Poor Good 18, 14, 8, 12 $13,100.00 Sparse and stunted canopy. Property to E drops several feet into parking lot.

Remove. 2 -
economic use
53 Seaside
pittosporum
3, 4 Good-Fair Fair-Poor 10, 5, 1, 6 Stems are leaning well to the N due to shading. Slightly sparse canopy.

Remove. 2 -
economic use
54 Seaside
pittosporum
4, 4.5, 3.5 Good-Fair Fair 9, 2, 8, 1 Stems swooping erratically. May be good to keep with more pruning if #55 is removed.

Remove. 2 -
economic use
55 Seaside
pittosporum

2.5, 2, 2 Good-Fair Fair 0, 4, 7, 2 Dead branch. Trunk has significant lean to S with sunburn.

Remove. 2 -
economic use
56 Coast redwood 30.5 Poor Good 6, 12, 12, 10 Sparse, stunted and chlorotic canopy. Remove. 2 - economic use
57 Coast redwood 24 Poor Good 6, 12, 5, 10 Sparse, stunted and chlorotic canopy. Remove. 2 - economic use
58 Coast redwood 35 Very Poor Good-Fair 16, 14, 6, 12 Very sparse and stunted canopy. dead branches throughout including stubbed branches over building.

Remove. 1- dying
59 Coast redwood 26 Very
Poor/Dead
Fair-Poor 14, 12, 5, 12 Severe decline, unlikely to recover. Very sparse and stunted canopy. Codominant stems at 20' above grade.

Remove. 1- dying
60 Coast redwood 29 Fair Fair 10, 13, 6, 11 Sparse and elongated branches. Codominant stems at 25' above grade.

Remove. 2 -
economic use
61 Coast redwood 32 Fair/FairPoorGood 14, 14, 7, 12 Sparse canopy. Remove. 2 - economic use
62 Coast redwood 25.5 Poor Good 14, 9, 8, 10 Very sparse canopy. Remove. 2 - economic use
63 Coast redwood 27 Fair-Poor Good 7, 10, 9, 7 Sparse, stunted and chlorotic canopy. Remove. 2 - economic use
64 Coast redwood 17 Poor Fair 10, 8, 6, 10 Sparse and stunted canopy, missing branches on E side. Remove. 2 - economic use
65 Bottlebrush 5, 3.5, 3 Poor Fair 0, 0, 2, 5 Topped tree did not respond well. Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
66 Bottlebrush 4, 4.5, 4 Good Fair 4, 1, 2, 3 Remove. 2 - economic use
67 Coast redwood 14.5 Poor Good-Fair 12, 6, 9, 4 Sparse, stunted and chlorotic canopy with dead branches.

Remove. 2 -
economic use
68 Coast redwood 16.5 Fair-Poor Good 2, 4, 12, 12 Sparse, stunted and chlorotic canopy. Trunk will eventually grow into building.

Remove. 2 -
economic use
69 Bottlebrush 1, 1.5, 1.5 Fair-Poor Fair 3, 2, 2, 2 Half of stems are dead (excluded from diameter). Remove. 2 - economic use
70 Coast redwood 20.5 Fair Good-Fair 10, 8, 10, 9 Sparse, stunted and chlorotic canopy. Pruned away from high voltage along E property line.

Remove. 2 -
economic use
71 Bottlebrush 2.5, 2.5, 4 Fair Fair 1, 2, 5, 3 Includes second trunk. Did not respond well to being topped, minimal canopy.

Remove. 2 -
economic use
72 Coast redwood 21 Very
Poor/Dead
Fair-Poor 3, 6, 3, 3 Upper canopy mostly dead, branches cleared from power lines. Sparse, stunted and chlorotic lower canopy.

Remove. 1- dying
73 Coast redwood 5 Good-Fair Good 5, 6, 3, 1 Understory, sparse. Remove. 2 - economic use
74 Coast redwood 24.5 Good Good 12, 7, 10, 10 Large circling root on S side of trunk. Remove. 2 - economic use
75 Coast redwood 32.5 Fair Good 28, 18, 20,
14 Sparse canopy. Cleared from power lines. Remove. 2 - economic use
76 Seaside
pittosporum

1.5, 2.5, 3,

3.5 Fair Fair 10, 10, 5, 7 Excludes adjacent dead shrub. Remove. 2 - economic use
77 Seaside
pittosporum
2, 2.5, 1,

1.5, 1, 1,

1.5 Fair Good-Fair 2, 3, 5, 5 Slightly sparse and stunted canopy. Remove. 2 - economic use
78 Bottlebrush 5, 8 Fair Good-Fair 0, 0, 10, 5 One trunk swoops out to SW. Other trunk topped and appears dead.

Remove. 2 -
economic use
79 Coast redwood 15 Fair Good 10, 5, 8, 7 Sparse and chlorotic canopy, pruned away from power lines.

Remove. 2 -
economic use
80 Bottlebrush 5, 5.5 Fair-Poor Fair 4, 2, 2, 1 Topped, growing back. Remove. 2 - economic use
81 Bottlebrush 3, 3, 2, 1.5 Good-Fair Fair-Poor 4, 2, 0, 6 Stems swoop to NW and tangled with #82. Shoots growing back to S.

Remove. 2 -
economic use
82 Bottlebrush 5.5 Fair Fair 3, 2, 2, 2 Understory, canopy mixed with #81. Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
83 Coast redwood 21 Fair-Poor Fair 5, 10, 8, 12 Stunted, sparse and chlorotic canopy. Top dead.

Elongated branches, pruned for power line clearance.

Remove. 2 -
economic use
84 Bottlebrush 5, 4, 5 Fair Fair 3, 4, 7, 7 Understory, omitted 2" dead stem. Remove. 2 - economic use
85 Coast redwood 23.5 Good Good 12, 10, 8, 12 Pruned for power line clearance. Remove. 2 - economic use
86 Bottlebrush 3.5, 3.5,

6.5 Fair Fair-Poor 8, 0, 0, 1 One of the 3" stems is basically dead. Phototropic lean to N.

Remove. 2 -
economic use
87 Bottlebrush 3, 3.5 Fair Fair-Poor 8, 3, 0, 3 Stems bowed to N over #88; omitted small dead stems. Remove. 2 - economic use
88 Bottlebrush 5, 4.5, 9 Fair Fair 5, 3, 2, 6 Crowded by #87. 9" stem was topped with no foliage. Remove. 2 - economic use
89 African fern pine 12 Poor Fair 10, 10, 11, 7 Very sparse and chlorotic. Remove. 2 - economic use
90 African fern pine 20 Fair Good-Fair 16, 8, 10, 14 Full but chlorotic canopy. Remove. 2 - economic use
91 African fern pine 20 Fair Fair 10, 17, 20,
18 Slightly sparse but very chlorotic canopy. Multiple
crowded codominant stems at 15' above grade.

Remove. 2 -
economic use
92 Japanese maple 1, 1, 0.5, 1,
1, 1.5
Good Good 2, 5, 1, 5 Remove. 2 -
economic use
93 Japanese maple 2 Good-Fair Good 1, 2, 2, 2 Recently planted, diameter at base. (DBH is ~3 stems at

0.3")
Remove. 2 -
economic use
94 Japanese maple 3, 3, 3, 2 Fair Good 3, 3, 5, 4 Sparse canopy with stunted epicormic shoots. Sunburn on one of the stems.

Remove. 2 -
economic use
95 Japanese maple
(Bloodgood)
2, 2, 2, 2,
2, 1
Fair Good 4, 2, 5, 4 Minimal lower canopy, branch dieback. In raised planter. Remove. 2 - economic use
96 Japanese maple 5, 5 Good Good 8, 4, 6, 8 Lower branches / twigs stunted or dead. Remove. 2 - economic use
97 Japanese maple 3, 3, 4, 2, 4 Good-Fair Good 6, 6, 7, 6 Upper canopy slightly sparse. Inner/lower twigs dead or slow.

Remove. 2 -
economic use
98 Japanese maple 4.5, 3.5 Good Good 3, 6, 7, 7 Remove. 2 - economic use
99 Japanese maple
(Bloodgood)
2, 2, 2, 2,
2, 2.5
Fair Good 7, 7, 6, 4 Sparse canopy interior shoots slow. Remove. 2 - economic use
100 Japanese maple
(CV)
3, 1, 1, 1.5,
1, 1.5, 1, 1
Fair-Poor Good 2, 3, 3, 4 Epicormic shoots, top dieback. Center stems damaged by sunburn.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
101 Japanese maple
(Bloodgood)

2.5, 2, 2,

1.5, 2, 2.5,
2 Fair-Poor Good 6, 1, 4, 6 Stunted and dead twigs in lower canopy. In raised planter.

Remove. 2 -
economic use
102 Japanese maple
(Sango-kaku)
3, 2, 2, 2, 2 Good Good 5, 4, 1, 7 Remove. 2 -
economic use
103 Japanese maple
(Sango-kaku)
2, 2.5, 2.5,
2, 1
Good-Fair Good 4, 7, 5, 7 Half of twigs slow to leaf out. Remove. 2 - economic use
104 Japanese maple
(Bloodgood)
2, 1.5 Fair-Poor Fair 4, 0, 2, 3 All canopy at top, stunted. Remove. 2 - economic use
105 Shrub - omitted
106 Japanese maple
(Sango-kaku)

1.5, 7
stems x1"
Good-Fair Good 2, 3, 3, 5 Slightly stunted. Remove. 2 - economic use
107 Japanese maple
(Sango-kaku)
1, 4 x 0.5" Fair-Poor Good 2, 2, 2, 2 Sparse, stunted with dieback. Remove. 2 - economic use
108 Japanese maple 2.5, 2, 1,

1.5 Fair Good 4, 3, 5, 3 Sparse and stunted. Remove. 2 - economic use
109 Japanese maple 1.5, 1.5,

1.5, 2, 1, 1
Good Good 3, 2, 7, 4 Remove. 2 -
economic use
110 Japanese maple
(Bloodgood)

1.5, 1.5,

1.5, 1
Poor Fair 3, 1, 3, 2 In raised planter. Half of stems are dead other half have dieback or epicormic sprouts.

Remove. 2 -
economic use
111 Crape myrtle 3, 3, 2.5 Fair-Poor Fair 7, 2, 5, 7 Stunted and sparse canopy. Remove. 2 - economic use
112 Crape myrtle 2, 2, 2, 1.5 Poor Fair-Poor 4, 1, 5, 5 Very stunted and sparse canopy. Remove. 2 - economic use
113 Water gum 4.5 Fair-Poor Good 3, 3, 3, 4 Sparse and stunted canopy. Remove. 2 - economic use
114 Sweet gum 13 Good Good 5, 7, 12, 12 Remove. 2 -
economic use
115 Coast redwood 34.5 Good Good 13, 13, 10,
12 Roots growing over curb, liquidambar roots are circling E side of trunk. Electric box within 3' of trunk.

Remove. 2 -
economic use
116 Crape myrtle 2.5, 2.5, 1,

1.5, 2
Fair Good-Fair 6, 2, 6, 7 Sparse canopy. Remove. 2 -
economic use
117 Water gum 4.5 Good-Fair Good 5, 3, 4, 4 Slightly sparse and stunted canopy. Remove. 2 - economic use
118 Crape myrtle 2, 2, 2, 2 Good Good-Fair 7, 2, 5, 6 Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
119 Crape myrtle 2, 1, 1, 1 Fair Good-Fair 5, 0, 4, 6 Slightly sparse canopy. Remove. 2 - economic use
120 Sweet gum 11 Fair Fair 4, 3, 8, 9 Cavity on NE side at grade (odd, between roots). Sparse canopy. Vertical secondary stem at 10' above grade.

Remove. 2 -
economic use
121 Sweet gum 11 Fair Fair-Poor 11, 7, 12, 14 Lions tailed. Concrete walkway cracked to N. Remove. 2 - economic use
122 Sweet gum 11 Good Fair 12, 8, 3, 11 Lions tailed, but growing back. Walkway cracked to S. Remove. 2 - economic use
123 Sweet gum 13 Good Fair-Poor 7, 12, 10, 12 Curb and asphalt cracked and raised. Lions tailed. Remove. 2 - economic use
124 Sweet gum 9.5 Good Fair-Poor 8, 7, 6, 9 Lions tailed. Curb cracked but no raising. Remove. 2 - economic use
125 Sweet gum 33.5 Good Fair 10, 10, 12,
14 Lions tailed. Remove. 2 -
economic use
126 Coast redwood 12 Poor-Very
Poor
Good 11, 6, 6, 11 Very sparse and stunted canopy. Remove. 1- dying 127 Coast redwood 20.5 Fair-Poor Good 9, 7, 9, 10 Top declining significantly. Remove. 2 - economic use
128 Coast redwood 36.5 Good-Fair Good 15, 12, 10,
14 $10,300.00 Slightly sparse canopy. Remove. 2 -
economic use
129 Coast redwood 35 Good-Fair Good 16, 10, 15,
15 Slightly sparse canopy. Sidewalk panel replaced 8' to NE.

Remove. 2 -
economic use
130 Coast redwood 32.5 Good-Fair Good 15, 14, 8, 9 Sidewalk panel replaced within 1' to N, apparently without cutting into the root mass in the lawn (visible bark). Slightly sparse canopy, top starting to die. On
previous tree, top starting to die with codominant stems at very tip.

Remove. 2 -
economic use
131 Coast redwood 34.5 Good-Fair Good 12, 10, 8, 15 Slightly sparse canopy. Concrete paver slightly lifted 6' to NE.

Remove. 2 -
economic use
132 Coast redwood 35 Good-Fair Good 16, 14, 11,
12 Slightly sparse canopy. Sidewalk panel lifted 10' to N/NE. Remove. 2 - economic use
133 White birch 12 Good-Fair Good 14, 5, 4, 2 Foliage looks good but canopy is not full. Remove. 2 - economic use
134 White birch 11.5 Good-Fair Good 12, 3, 1, 2 Foliage looks good but canopy is not full. Remove. 2 - economic use
135 Crape myrtle 2, 2, 2, 2,
2, 6 x 1.5"
Fair Good-Fair 6, 4, 4, 6 In circular planter. Sparse and stunted canopy. Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
136 Crape myrtle 2 Good-Fair Good 2, 2, 2, 2 Young tree. Planted deep, slightly sparse canopy. Remove. 2 - economic use
137 Deodar cedar 27.5 Good Fair 15, 20, 18,
15 Lions tailed/thinned and extended branches. Sidewalk replaced to N, asphalt in parking lot to S raised across 4 spots as far as 18' to SE.

Remove. 2 -
economic use
138 Deodar cedar 22 Good-Fair Good-Fair 18, 10, 18,
15 Lions tailed, branches shorter and more compact.

Sidewalk replaced to N, asphalt in parking lot to S raised across 2 spots. Slightly chlorotic canopy.

Remove. 2 -
economic use
139 Monterey pine 26.5 Fair-Poor Fair 10, 15, 15,
12 Canopy spaced out due to removal of dead limbs,
needles turning chlorotic in lower canopy. Large canker encompasses half of trunk on S side.

Remove. 2 -
economic use
140 Crape myrtle 1.5 Poor Good 2, 2, 2, 2 Young tree with significant dieback. Remove. 2 - economic use
141 Olive 12.5, 12 Good-Fair Good 12, 15, 10,
10 Leaves slightly yellow. Inner facing side of trunks both dead.

Remove. 2 -
economic use
142 Canary Island
pine
17 Good Good 5, 4, 8, 6 3' from corner of trash enclosure. Proposed sidewalk 6' from trunk; walkway 12' away.

Protect with temporary
fencing. Hand
excavate along
sidewalk within 8' of
trunk, consult arborist
if roots > 2" diameter
are encountered.
143 Canary Island
pine

19.5 Good Fair 6, 6, 6, 5 Diameter measured at 3' due to swelling from codominant stems at 5', one splits again into second set of codominant stems. Proposed sidewalk 3' from trunk;
area partially covered by (E) hardscape.
144 Canary Island
pine

15.5 Good Good-Fair 8, 8, 8, 8 Swooping lower trunk, lean corrected. Remove. 2 - economic use
145 Coast redwood 8 Good Good 6, 6, 6, 6 Remove. 2 -
economic use
146 Coast redwood 9.5 Good Good 7, 7, 7, 7 Slightly stunted. Remove. 2 - economic use
147 Coast redwood 9.5 Good-Fair Good 6, 6, 6, 6 Slightly sparse canopy. Remove. 2 - economic use
148 Coast redwood 7.5 Good Good 6, 6, 6, 6 Remove. 2 -
economic use
149 Crape myrtle 9, 9, 11, 5,
4 Fair Good-Fair 15, 15, 12,
15 $11,700.00 Very large specimen, canopy only in upper half of tree.

Canopy appears slightly sparse and stunted.

Remove. 2 -
economic use
150 Purple leaf plum 6, 5, 4.5, 4,
4, 3.5, 4.5
Good Fair 8, 12, 10, 8 Included bark in attachment. Over-raised. Remove. 2 - economic use
151 Crape myrtle 2, 2.5, 2.5,
1 Fair-Poor Fair 6, 6, 2, 8 Stunted and sparse canopy. Roots may be girdling. Remove. 2 - economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
152 Crape myrtle 2.5, 2.5, 3,
1 Good-Fair Fair 7, 6, 2, 4 Remove. 2 -
economic use
153 Crape myrtle 1.5, 2, 1.5,

1.5, 1.5
Fair-Poor Fair 7, 4, 2, 6 Slow to leaf out, stunted and sparse canopy. Remove. 2 - economic use
154 Crape myrtle 4, 4.5, 3.5,

4.5, 3, 4.5,

3.5, 3, 4,

3.5, 3.5
Good Good-Fair 12, 8, 10, 8 $3,330.00 Over-raised. Remove. 2 - economic use
155 Crape myrtle 1.5, 3, 2.5,

2.5, 1.5
Good-Fair Good-Fair 8, 6, 2, 6 Remove. 2 -
economic use
156 Crape myrtle 2, 1, 3 x

2.5"
Good Good-Fair 6, 3, 2, 6 Remove. 2 -
economic use
157 Crape myrtle 3, 3, 3.5, 2,

2.5, 2.5,

1.5 Good-Fair Good-Fair 8, 7, 2, 8 Slightly sparse and stunted. Remove. 2 - economic use
158 Brisbane box 3.5 Good Good 4, 4, 4, 4 Still has stakes. Remove. 2 - economic use
159 Crape myrtle 2.5, 2.5, 2,
2, 1.5, 1,

1.5, 2
Good-Fair Good-Fair 6, 2, 2, 6 Appears stunted. Remove. 2 - economic use
160 Crape myrtle 2.5, 2.5,

2.5, 1, 2, 2,

1.5 Good-Fair Good-Fair 2, 3, 3, 6 Appears stunted. Remove. 2 - economic use
161 Crape myrtle 1.5, 1.5, 2,
2, 2
Good-Fair Fair 1, 3, 1, 6 Appears stunted. Remove. 2 -
economic use
162 Evergreen pear 13 Fair Good 10, 6, 12, 15 Fire blight and leaf spot causing defoliation. Sidewalk ground down.

Remove. 2 -
economic use
163 Evergreen pear 7.5 Fair-Poor Fair 1, 2, 10, 10 Fire blight and leaf spot causing defoliation. Dieback. Remove. 2 - economic use
164 Evergreen pear 12.5 Fair Fair 15, 8, 15, 18 Fire blight and leaf spot causing defoliation. Sidewalk ground down. Minor tip dieback.

Remove. 2 -
economic use
165 Evergreen pear 16 Fair Fair-Poor 15, 10, 8, 12 Fire blight and leaf spot causing defoliation. Concrete replaced to N/W. Codominant stems at 6', lions tailed.

Remove. 2 -
economic use
166 Brazilian pepper 31.5 Good-Fair Fair 18, 18, 18,
18 Sidewalk ground down to NE, lifting closest concrete and asphalt curb/parking spaces. Lions tailed, chlorotic
canopy.

Remove. 2 -
economic use
167 Evergreen pear 17.5 Fair Fair 12, 8, 15, 15 Fire blight and leaf spot causing defoliation; dieback.

Sidewalk ground down. Lions tailed.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
168 Evergreen pear 10 Fair Fair 8, 10, 8, 10 Fire blight and leaf spot causing defoliation. Remove. 2 - economic use
169 Crape myrtle 1, 1, 1, 8 x

1.5"
Good-Fair Fair 6, 6, 6, 6 Slightly stunted. Remove. 2 - economic use
170 Coast redwood 26 Good-Fair Good 12, 12, 12,
12 Telephone utility box within 1' of trunk, upper landing of steps recently replaced. Potential root extending N into 2 parking spaces. Slightly sparse canopy.

Remove. 2 -
economic use
171 Coast redwood 14 Fair Good 8, 8, 8, 8 Sparse canopy. Remove. 2 - economic use
172 Coast redwood 11 Fair Good 6, 6, 6, 6 Sparse canopy. Remove. 2 - economic use
173 Coast redwood 11.5 Fair Good 2, 4, 6, 8 Sparse canopy. Remove. 2 - economic use
174 Sweet gum 7.5 Fair-Poor Good-Fair 6, 3, 6, 5 Sparse, stunted and chlorotic canopy with minimal branching in lower canopy (due to removal + decline).

Remove. 2 -
economic use
175 Sweet gum 8 Poor Fair 6, 0, 10, 6 Significant branch dieback. Concrete walkway lifted to N and patched.

Remove. 2 -
economic use
176 Coast redwood 17.5 Fair Good 8, 8, 8, 8 Sparse canopy. Walkway lifted and ground down to N. Remove. 2 - economic use
177 Coast redwood 10.5 Fair Good 6, 3, 8, 3 Sparse canopy. Walkway lifted to N. Remove. 2 - economic use
178 Coast redwood 11.5 Fair Good 6, 6, 8, 3 Sparse canopy. Walkway lifted to N. Remove. 2 - economic use
179 Sweet gum 11 Poor Fair 8, 8, 8, 6 Stunted and sparse canopy with dead branches. Remove. 2 - economic use
180 Coast redwood 11 Fair Good 6, 3, 8, 8 Sparse canopy. Walkway lifted to N. Remove. 2 - economic use
181 Coast redwood 21.5 Fair Good 10, 10, 10, 8 Sparse canopy. Walkway lifted and ground down to N (still ramps over roots).

Remove. 2 -
economic use
182 Coast redwood 21 Fair Good 10, 10, 10,
10 Sparse canopy. Walkway replaced to N. Remove. 2 -
economic use
183 Coast redwood 23 Fair Good 10, 6, 10, 6 Sparse canopy. Walkway recently replaced to N but is already lifted, unknown if structural roots were cut during repair.

Remove. 2 -
economic use
184 Coast redwood 23 Fair Good 10, 10, 10,
10 Sparse canopy. Walkway recently replaced to N but has been significantly raised again, with a 2" lift near trunk.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
185 Crape myrtle 4.5 Good-Fair Good 6, 6, 6, 6 Slightly sparse canopy. Remove. 2 - economic use
186 Crape myrtle 5.5 Good-Fair Good 6, 6, 6, 6 Slightly sparse canopy. Remove. 2 - economic use
187 Crape myrtle 1, 1.5, 1.5,
2 Good Good-Fair 3, 6, 6, 4 Remove. 2 -
economic use
188 Crape myrtle 3.5, 3.5,

2.5, 2.5
Good Fair 6, 6, 6, 6 Remove. 2 -
economic use
189 Japanese maple
(Bloodgood)

2.5, 2.5, 2 Good Fair 0, 6, 3, 6 Remove. 2 -
economic use
190 Japanese maple
(Bloodgood)
2, 1, 1.5,

1.5 Good Fair 0, 8, 5, 6 Remove. 2 -
economic use
191 Crape myrtle 2, 2, 2, 1.5,

2.5 Fair Fair 3, 5, 5, 5 Slightly sparse and stunted canopy. Remove. 2 - economic use
192 Crape myrtle 2, 1, 3.5,

3.5, 2, 3.5
Good Fair 6, 3, 6, 3 Remove. 2 -
economic use
193 Crape myrtle 5.5 Good-Fair Fair 6, 7, 6, 6 Slow to leaf out, slightly sparse canopy. Remove. 2 - economic use
194 Crape myrtle 6 Fair Fair 7, 7, 7, 7 Stunted and sparse canopy, slow to leaf out. Remove. 2 - economic use
195 Water gum 3.5 Good-Fair Good 3, 3, 3, 3 Sparse canopy. Remove. 2 - economic use
196 Sweet gum 15 Good Fair 8, 10, 8, 10 Concrete walkway lifted at curb. Remove. 2 - economic use
197 Sweet gum 11.5 Fair-Poor Fair 8, 12, 10, 8 Dieback and sparse canopy. Remove. 2 - economic use
198 Sweet gum 13 Good Good-Fair 10, 8, 6, 8 Large vertical scaffold at 10' above grade, other angled branches.

Remove. 2 -
economic use
199 Water gum 3 Good-Fair Good 3, 3, 3, 3 Slightly stunted and sparse canopy. Remove. 2 - economic use
200 Coast redwood 35 Good-Fair Good-Fair 10, 10, 10,
10 Multiple branches failed from S side of canopy, leaving upper 1/3 of trunk bare. Multiple hangers in canopy
including over parking. Rest of canopy slightly sparse.

Trunk starting to grow over curb.

Remove. 2 -
economic use
201 Coast redwood 35.5 Good-Fair Good 10, 10, 10,
10 Slightly sparse upper canopy. Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
202 Water gum 4 Fair Good 5, 5, 3, 3 Slightly sparse canopy, minimal canopy to SW. Remove. 2 - economic use
203 Sweet gum 13.5 Good-Fair Fair 10, 8, 8, 8 Large roots follow curb. Angled branches resulting from aggressive crown reduction. Branch dieback at top.

Remove. 2 -
economic use
204 Water gum 5 Fair-Poor Good 8, 6, 3, 4 Sparse and stunted canopy. Remove. 2 - economic use
205 Sweet gum 11.5 Good-Fair Fair 8, 8, 7, 8 Structural root follows curb and has started to spread over. Heavily reduced in past, resulting in acute angles.

Remove. 2 -
economic use
206 Sweet gum 14 Good Fair 10, 8, 6, 6 Roots follow curb. Remove. 2 - economic use
207 Japanese maple 6 Fair-Poor Fair 7, 2, 7, 3 Top died. Raised planter. Remove. 2 - economic use
208 Japanese maple
(Bloodgood)

2.5, 6 x

1.5"
Fair-Poor Fair 2, 3, 5, 2 Top declining, sparse canopy. Raised planter. Remove. 2 - economic use
209 Japanese maple
(Bloodgood)
1, 1.5, 1.5,

1.5, 2.5
Good-Fair Good 6, 3, 6, 2 Slightly sparse canopy. Raised planter. Remove. 2 - economic use
210 Japanese maple
(Bloodgood)

2.5, 2.5, 3 Good-Fair Good 6, 6, 5, 3 Slightly sparse canopy. Raised planter. Remove. 2 - economic use
211 Japanese maple
(Sango-kaku)
1, 1, 6 x

1.5"
Fair Good 3, 4, 3, 5 Sparse and stunted growth, tip dieback. Remove. 2 - economic use
212 Japanese maple 1.5, 1, 0.5,

0.5 Fair Good 5, 4, 1, 3 Sparse and slightly chlorotic canopy. Remove. 2 - economic use
213 Japanese maple 0.5, 1, 1, 1,
1, 1, 1.5
Fair-Poor Good 4, 6, 6, 5 Sparse canopy with dieback, understory tree. Raised planter.

Remove. 2 -
economic use
214 African fern pine 23.5 Fair Fair 15, 18, 18,
20 Chlorotic canopy. Interior stripped out. Raised concrete walkway 15' to NW, unsure if related to this tree.

Remove. 2 -
economic use
215 Japanese maple
(Bloodgood)

1.5, 1.5,

1.5, 1, 1, 1
Poor-Very
Poor
Fair 5, 2, 2, 2 Dying tree. Raised planter. Remove. 1- dying 216 Japanese maple 2.5, 2.5,

2.5 Poor Fair-Poor 6, 4, 0, 5 One of trunks dead, dieback on other. Other trunk likely to decline once branches are sunburned. Raised planter.

Remove. 2 -
economic use
217 Japanese maple
(Bloodgood)
2, 2, 2, 1.5,
1 Good-Fair Good 6, 3, 6, 2 Slightly sparse canopy, in raised planter. Remove. 2 - economic use
218 Japanese maple
(Bloodgood) -
photos
1, 1, 1, 2,

1.5, 1
Fair Good 4, 3, 4, 2 Twig dieback, slightly sparse canopy; dead stems. In raised planter.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
219 Japanese maple
(Bloodgood) -
photos
2, 2.5, 2 Good Good-Fair 7, 4, 3, 5 Lower canopy shaded out. Remove. 2 - economic use
220 African fern pine 16 Good-Fair Fair 18, 10, 10,
12 Chlorotic canopy to S, codominant vertical stems at 8' above grade. Curb cracked, asphalt feels raised.

Remove. 2 -
economic use
221 Coast redwood 26.5 Good-Fair Good 10, 10, 10,
10 Slightly sparse and browned at top. Remove. 2 -
economic use
222 Coast redwood 19 Good-Fair Good 10, 10, 10,
10 Sparse and stunted upper canopy. Remove. 2 -
economic use
223 Coast redwood 27.5 Poor Good 12, 12, 12,
12 Top and branch tips sparse and stunted. Remove. 2 -
economic use
224 Japanese maple
(Bloodgood)
2 Good Good 3, 3, 3, 3 Diameter taken of main trunk - split into multiple small branches at top. In round planter.

Remove. 2 -
economic use
225 Japanese maple
(Bloodgood)
2 Good-Fair Good 1, 3, 5, 2 Diameter taken of main trunk - split into multiple small branches at top. In round planter, roots exposed.

Remove. 2 -
economic use
226 Japanese maple
(Bloodgood)
2 Fair-Poor Good-Fair 6, 6, 6, 3 Diameter taken of main trunk - split into multiple small branches at top. In round planter, roots exposed. Sparse canopy with twig dieback.

Remove. 2 -
economic use
227 Sweet gum 10.5 Good Good-Fair 10, 10, 8, 6 Girdling roots. Large scaffold branch at 8' above grade. Remove. 2 - economic use
228 Sweet gum 17 Good Fair 10, 8, 6, 10 Canopy imbalanced away from building due to pruning. Remove. 2 - economic use
229 Sweet gum 16 Good Fair 10, 12, 5, 10 Pruned away from building. Narrow codominant stems at 28' above grade.

Remove. 2 -
economic use
230 Coast redwood 38 Good Good 10, 10, 10,
10 $11,700.00 Underground garage. Remove. 2 -
economic use
231 Crape myrtle 2.5, 3, 3, 2,

1.5, 3.5,

2.5, 3, 3, 2
Good-Fair Good-Fair 7, 7, 7, 7 Over-raised. Remove. 2 - economic use
232 Crape myrtle 3.5, 3.5, 2,
4, 2.5, 3.5,
2, 2.5, 1.5
Good Good-Fair 10, 10, 10,
10 Over-raised. Remove. 2 -
economic use
233 Callery pear 12.5 Good Fair-Poor 8, 12, 10, 10 Sidewalk tree (city/off-site?). 3 codominant stems between 6'-7' above grade, two other stems already
failed or removed. Curb replaced. Abundant sprouting.

Proposed sidewalk planter larger than existing.

Protect with temporary
fencing. Hand
excavate around roots
> 1" and larger and
consult arborist for
recommendations.
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
234 Crape myrtle 3, 3, 2, 3,
3, 2, 2.5, 3,
2, 3, 3.5
Good Good-Fair 9, 9, 9, 9 Over-raised. Remove. 2 -
economic use
235 Coast redwood 34.5 Fair Good 12, 12, 12,
12 Sparse and stunted canopy. Remove. 2 -
economic use
236 Coast redwood 25 Fair/FairPoorGood 10, 10, 10,
10 Sparse and stunted canopy, especially at top. Remove. 2 - economic use
237 Coast redwood 21.5 Good Good 10, 10, 10,
10 Slightly sparse canopy. Remove. 2 -
economic use
238 Coast redwood 27.5 Good Good 10, 10, 10,
10 Slight gap in lower canopy, possibly from removal of adjacent tree.

Remove. 2 -
economic use
239 Coast redwood 26.5 Good Good 8, 8, 8, 8 Hanger in canopy. Remove. 2 - economic use
240 Coast redwood 27 Good Good 10, 10, 10,
10 Remove. 2 -
economic use
241 Coast redwood 3.5 Fair Good 6, 6, 6, 6 Understory, planted between mature trees. Sparse canopy.

Remove. 2 -
economic use
242 Coast redwood 27.5 Good Good 10, 10, 10,
10 Large root mass at fence. Remove. 2 -
economic use
243 Coast redwood 21 Good Good 8, 8, 8, 8 Remove. 2 -
economic use
244 Coast redwood 28 Good Good 10, 10, 10,
10 Large utility box 2' to NE. Surface roots follow edge of patio in landscape area.

Remove. 2 -
economic use
245 Cheesewood 6, 6, 3.5, 4,

2.5, 6
Good-Fair Good 12, 15, 12, 8 Dominated by climbing fig, in retaining wall above parking.

Remove. 2 -
economic use
246 Cheesewood 5.5, 2 Good-Fair Good 8, 10, 6, 8 Dominated by climbing fig, in retaining wall above parking.

Remove. 2 -
economic use
247 Cheesewood 2.5, 1, 1 Good Good 0, 10, 0, 6 Dominated by climbing fig, in retaining wall above parking.

Remove. 2 -
economic use
248 Cheesewood 3.5, 3.5, 2,
2 1.5
Good Good 6, 6, 8, 8 Dominated by climbing fig, in retaining wall above parking.

Remove. 2 -
economic use
249 Brazilian pepper 17.5 Good Good-Fair 18, 10, 15,
12 Lions tailed. Curb cracked next to tree. Closing wound on E side of trunk.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
250 Canary Island
pine

12.5 Good Fair 8, 16, 6, 6 Off-site tree. Codominant stems at top with narrow attachment. ~11' from proposed retaining wall; within
existing parking lot.

After demo, install
temporary protection
fencing.

Arborist on-site during
storm drain and
retaining wall
excavation; fencing to
be reinstalled
immediately after work
is completed.

251 Canary Island
pine
12 Good Good-Fair 6, 16, 6, 0 Off-site tree. Large branch extends to E at 11' above grade. ~11' from proposed retaining wall; within existing parking lot.
252 Canary Island
pine
15 Good Fair 8, 12, 8, 8 Off-site tree. Several sets of codominant stems with narrow attachments. ~11' from proposed retaining wall;
within existing parking lot.
253 Canary Island
pine
12 Fair-Poor Fair 10, 10, 10,
10 Off-site tree. Very chlorotic. Trunk girdled at 7'. ~11' from proposed retaining wall; within existing parking lot. 254 Canary Island
pine

14.5 Good Good 6, 10, 6, 6 Off-site tree. Slightly elongated branches to E. ~11' from proposed retaining wall; within existing parking lot.
255 Canary Island
pine

17.5 Good Good-Fair 8, 10, 15, 8 Off-site tree. Trunk girdled at 7'. Slight corrected lean in lower trunk. Some dead branches to N. ~11' from
proposed retaining wall; within existing parking lot.
256 Canary Island
pine

13.5 Fair-Poor Fair 6, 10, 6, 6 Off-site tree. Very chlorotic foliage. Trunk girdled by guy wire at 7' and 10' above grade. ~11' from proposed
retaining wall; within existing parking lot.
257 Canary Island
pine
14 Good Good-Fair 8, 15, 12, 8 Off-site tree. Elongated branches to E over parking. ~11' from proposed retaining wall; within existing parking lot. 258 Canary Island
pine

14.5 Fair Fair 8, 12, 8, 8 Off-site tree. 3 codominant stems at 18' above grade.

Lower trunk has slight but corrected lean. Trunk girdled at 7'. ~11' from proposed retaining wall; within existing parking lot.
259 Brazilian pepper 25 Good Fair 15, 12, 15,
12 Typical contorted structure. Curb cracked, asphalt lifted.

Large root cut to NW by fence. N canopy limited.

Remove. 2 -
economic use
260 Coast live oak 16 Good Good-Fair 20, 18, 10,
15 Off site tree, tag on fence. DBH estimated using photo taken over fence, approx. 8' W of property line fence,
dripline over hangs by 10'. Codominant stems at 5' above grade, phototropic lean to N away from pepper.

Proposed grading ~8' from trunk, more than 3' drop over 16' distance.

Install protection
fencing. Consult
arborist for
recommendations if
roots > 1" are
encountered during
grading.
261 Brazilian pepper 17 Fair Good-Fair 12, 10, 15, 6 7.5" trunk sprout to N dead. Curb and asphalt raised and cracked by trunk. Branch tore out to E at 10' above
grade. Sparse canopy.

Remove. 2 -
economic use
262 Brazilian pepper 4, 4, 6, 6,

5.5, 5, 5.5,

4.5, 5, 5, 5
Poor Poor 10, 12, 10,
15 $1,780.00 Sparse, chlorotic and stunted canopy with dieback, also appears lions tailed. Many trunks.

Remove. 2 -
economic use
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Michelia Arboriculture, LLC | 925-515-1362 | [email protected] ID # Species DBH (in) Health Structure Dripline
(NESW, ft)
Appraised
Value
Notes Actions
263 Bottlebrush 5, 6 Good-Fair Good 8, 6, 6, 0 Tree form. Ganoderma on E stem. Remove. 2 - economic use
264 Coast live oak 14 Good Fair 10, 12, 18,
18 Off-site tree, tag on fence. Diameter and location
estimated (~4' from fence). Large secondary branches at base and at 5'. Proposed grading ~4' from trunk, drops

1.5' to proposed building.

Install protection
fencing. Arborist onsite to monitor grading
within 10' of tree.
265 Brazilian pepper 6, 5.5, 3, 4,
4, 6, 4, 4,

5.5, 4, 4, 5,

3.5, 5, 4, 4
Good-Fair Fair 12, 10, 12, 8 $2,460.00 Multiple zig zagging trunks, typical for species. Slightly stunted and chlorotic.

Remove. 2 -
economic use
266 Brazilian pepper 5, 3, 3, 3,
3, 3, 2, 3,
3, 3, 3 +
Fair Fair 15, 8, 15, 10 Off-site tree, tag on fence. cluster of stems (additional diameters not included) - likely shares a single root
system. Likely volunteers from the trunk that was cut
down on the site. Slightly stunted and chlorotic tips.

Proposed grade will drop by 0.5' near tree.

Arborist on site during
grading, water tree
during construction.

Moderate impact.
267 Brazilian pepper 11, 10,

11.5, 10.5,
12, 13,

13.5 Good-Fair Fair 15, 18, 18, 6 $5,900.00 Slightly chlorotic canopy. Multiple zig zag crowded trunks, includes vertical offshoot (same root system).

Girdling root to S.

Remove. 2 -
economic use
268 Purple leaf plum 4, 3.5, 3.5,
2, 3.5, 2,

1.5 Good Fair 8, 8, 8, 8 At entrance. Lions tailed. Included bark. Remove. 2 - economic use
269 Purple leaf plum 5 Good Good 7, 7, 7, 7 At entrance. Remove. 2 - economic use
270 Purple leaf plum 1, 2.5, 2.5,
1, 2, 2, 1.5,

1.5, 2
Good Fair 8, 8, 8, 8 At entrance. Lions tailed. Remove. 2 - economic use
Appendix 2: Tree Protection Plan
The tree protection plan is attached as the next page. If it is missing, please contact me or the project manager for a copy. 303
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City of Cupertino
20883 STEVENS CREEK BOULEVARD

RESIDENTIAL DEVELOPMENT PROJECT
December 2025 | CEQA Exemption Memorandum
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December 2025 | CEQA Exemption Memorandum
20883 STEVENS CREEK BOULEVARD

RESIDENTIAL DEVELOPMENT PROJECT
for City of Cupertino
City of Cupertino
Contact: Danielle Condit, Associate Planner
10300 Torre Avenue
Cupertino, California 95014
408.777.3214
Prepared by:

PlaceWorks
Contact: Rachel Goren, Associate
2040 Bancroft Way #400
Berkeley, California 94704
510.848.3815
www.placeworks.com
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TABLE OF CONTENTS

1. Introduction ......................................................................................................1

1.1 Statutory Exemptions.............................................................................................. 1

2. Project Description............................................................................................3

2.1 Regional Location.................................................................................................... 3

2.2 Project Site .............................................................................................................. 3

2.3 Land Use and Zoning Designations......................................................................... 3

2.4 Proposed Project..................................................................................................... 4

3. Findings Concerning CEQA Exemption................................................................7

3.1 Public Resources Code Section 21080.66 ............................................................... 7

3.2 Analysis in Support of Findings............................................................................... 7

3.3 Conclusion............................................................................................................. 21 Tables
Table 1Infill Requirements and Project Consistency ...................................................................... 8 Table 2Environmental Criteria and Project Consistency .............................................................. 12 Table 3Tribal Notification, Outreach, and Consultation Initiation................................................ 17

SOURCES
All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.
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1. INTRODUCTION
This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 20883 Stevens Creek Boulevard Residential Development (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The City of Cupertino (City) is the lead agency for the proposed project.

1.1 STATUTORY EXEMPTIONS
Once it is determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061(b), a project is exempt from CEQA if:

1. The project is exempt by statute (see, e.g., Article 18, commencing with Section 15260).

2. The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.

3. The activity is covered by the common-sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

4. The project will be rejected or disapproved by a public agency (see Section 15270(b)).

5. The project is exempt pursuant to the provisions of Article 12.5 of Chapter 3.

The proposed project would be exempt as a “statutory” exemption under State CEQA Guidelines Section 15061(b)(1) because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a), as further discussed in Section 3, Findings Concerning CEQA Exemption.

This document has been prepared to demonstrate CEQA compliance as it pertains to the proposed project. This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA. 309
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2. PROJECT DESCRIPTION

2.1 REGIONAL LOCATION
The project site is in the city of Cupertino, approximately 38 miles southeast of the city and county of San Francisco. Cupertino is on the western edge of Santa Clara County and north of the city of Saratoga, east of unincorporated Santa Clara County, south of the city of Sunnyvale, and west of the city of San José. Regional access to the project site is provided by Interstate 280 (I-280) via North Wolfe Road or North De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. The City is also supported by Santa Clara Valley Transportation Authority (VTA) bus service and Caltrain via the Sunnyvale, Lawrence, and Santa Clara Caltrain stations.

2.2 PROJECT SITE
The 6.93-acre project is at 20807, 20813, 20823, and 20883 Stevens Creek Boulevard, between Saich Way and North Stelling Road, in an urbanized area. The project site is developed with commercial buildings and a surface parking lot with ornamental landscaping. The site is bounded by Alves Drive with single-family residences to the north; commercial development to the east; Stevens Creek Boulevard to the south; and commercial (Whole Foods), residential, institutional (church) development to the west.

According to Plan Bay Area, the project site is within a Santa Clara VTA City Cores, Corridors & Station Areas Priority Development Area (PDA) and a Transit Priority Area (TPA). The project site is on Stevens Creek Boulevard, which is a high transit corridor, and within a quarter mile walking distance from the VTA Bus Routes 23, 25, 51, 55, and Rapid 523, which are considered major transit stops.

2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Numbers (APNs) 326-32-050, 326-32-051, 326-32- 052, and 326-32-053. While the City was in the process of obtaining certification of its 2023- 2031 Housing Element from the California Department of Housing and Community Development (HCD), the developer submitted a preliminary application pursuant to the Housing Crisis Act of 2019, commonly referred to by its legislative number, Senate Bill (SB) 330. This act vests the standards that are in place at the time a “preliminary application” for a housing 311
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2. PROJECT DESCRIPTION
4 PlaceWorks
project is submitted and prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. As such, the proposed project is subject to the regulations in place at the time the project’s preliminary application was submitted, on April 1, 2024, which are:
▪ General Plan Land Use. Commercial/Office/Residential General Plan within the Heart of the City Special Area (HOC).
▪ Specific Plan. Heart of the City Specific Plan.
▪ Zoning District. Planned Development with General Commercial Residential (P(CG, Res)) within the Heart of the City Specific Plan, North Crossroads Area. ▪ Density. 25 dwelling units per acre (maximum).
▪ Height. 45 feet for HOC P(CG, Res).

Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (Cupertino Municipal Code [CMC] Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards:
▪ A waiver or reduction of development standards to reduce the front, side, and rear setbacks for portions of the project.
▪ A waiver or reduction of development standards of private open space pursuant to CMC Section 19.36.070(D).
▪ A waiver from HOC Section 1.01.030(A)(1) and General Plan Figure LU-2 45-foot height maximum.
▪ A waiver from CMC Table 19.36.060(C) requiring a 70-foot minimum lot width at the front building line.
▪ A waiver from Lot Coverage under previous CMC Table 19.36.070(A), pursuant to the project vesting date.
▪ A waiver from minimum 20 foot by 20 foot interior garage parking space requirement from private garages found in CMC Table 19.124.040(A).
▪ A waiver from CMC Section 19.124 vehicle parking standards pursuant to Government Code Section 65915(p).

2.4 PROPOSED PROJECT
The project applicant, Harvest Properties, Inc., is proposing a residential development that would involve the demolition of the existing office and commercial buildings and the construction of 66 new single-family homes and 56 townhomes in 7 eight-plex structures. The proposed project would include 122 units with a total of 351,338 gross square feet. 312
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2. PROJECT DESCRIPTION
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The single-family homes would have three stories and range in size from 2,328 to 2,668 square feet, with private front yards, second-floor decks, rooftop decks, and two-car garages. The townhomes would have three stories and range in size from 1,380 to 2,269 square feet, with second-floor decks and two-car garages. The proposed project would provide a total of 31,711 square feet of private open space for an average of 260 square feet per unit. Each building would be on average 42 feet tall at the highest point as measured from the finished floor. The proposed project would provide 272 on-site vehicle parking spaces, with each unit’s 2-car garage and 28 additional guest spaces.
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3. FINDINGS CONCERNING CEQA EXEMPTION

3.1 PUBLIC RESOURCES CODE SECTION 21080.66
Assembly Bill (AB) 130, signed into law on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66, exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types. This section demonstrates that the proposed project meets the requirements of PRC Section 21080.66 and is organized as follows:
▪ Infill Requirements. This section describes the project’s consistency with the allowed housing development type defined in PRC Section 21080.66(a), subdivisions (1) through (5) and (8).
▪ Environmental Criteria. This section describes the individual environmental requirements pursuant to PRC Section 21080.66(a), subdivisions (6) and (7). ▪ Tribal Cultural Resources. This section describes the tribal notification and outreach requirements pursuant to PRC Section 21080.66(b).
▪ Environmental Assessment (Hazardous Materials). This section describes the requirements for the identification and treatment of hazardous materials pursuant to PRC Section 21080.66(c).
▪ Other Requirements. This section describes the Labor Code requirements and eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to PRC Section 21080.66(d) and (e), respectively.

3.2 ANALYSIS IN SUPPORT OF FINDINGS
Infill Requirements
Table 1, Infill Requirements and Project Consistency, demonstrates that the project meets the requirements of PRC Section 21080.66(a), which specifically defines a “housing development project” in Government Code Sections 65905.5(b) and 65589.5(h)(2). 315
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8 PlaceWorks
Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a). Use Type.

The project meets the definition of a “housing development project” pursuant to Government Code Sections 65905.5(b) and 65589.5(h)(2).

The project meets any of the following criteria for a housing development:
▪ Residential units only
▪ Mixed-use development which includes residential and non-residential uses that meet any of the following criteria:
o At least two-thirds of the project's new or converted square footage is designated for residential use
o At least 50 percent of the project's new or converted square footage is designated for residential use and the project meets both of the following:
- The project includes at least 500 net new residential units - No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging1
o At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
- The project includes at least 500 net new residential units - The project includes the demolition or conversion of at least 100,000 square feet of non-residential use
- The project includes the demolition of at least 50 percent of the existing non-residential uses on the site
- No portion of the project is designated for transient lodging, except a portion of the project may be designated for use as a residential hotel (as described above)
▪ Transitional housing or supportive housing; or
▪ Farmworker housing, as defined in California Health and Safety Code Section 50199.7(h)
Consistent. The proposed project includes the construction of 122 residential units only.
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(1): Size.

A project site does not exceed 20 acres or four acres for a builder’s remedy project as defined in Government Code Section 65589.5(h)(11), or a housing development project or emergency shelter that meets the criteria in Government Code Section 65589.5(d)(5) as it read before January 1, 2025.

Consistent. The project site is 6.93 acres.

PRC Section 21080.66(a)(2): Location. The project site is within the boundaries of an incorporated municipality or an urban area, as defined by the United States Census Bureau. Based on the U.S. Census Bureau’s criteria for urban areas, an area must encompass at least 5,000 people or at least 2,000 housing units to be considered an urban area. In addition, an area must have 425 housing units per square mile, which defines the initial urban core. Two hundred (200) units per square mile shall fill in the remainder of the urban area. Each urban area shall contain at least one high-density nucleus, with 1,275 housing units per square mile. 2 Consistent. The site is within the city of Cupertino, an incorporated city.

PRC Section 21080.66(a)(3): Urban Development. The project site meets any of the following criteria:
▪ The site has been previously developed with an urban use; ▪ At least 75 percent of the perimeter of the site adjoins parcels developed with urban uses;
▪ At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses;
▪ At least three sides of the site are developed with urban uses and at least two-thirds of the site’s perimeter adjoins parcels that are developed with urban uses (for sites with four sides)
Consistent. The project site is developed with existing commercial buildings and a paved surface parking lot. The site is surrounded by urban uses and paved public streets, including commercial and residential uses that adjoin the northern, eastern, and western boundaries of the site, and Stevens Creek Boulevard, which adjoins the southern boundary of the site. In addition, surrounding land uses within one-quarter mile of the site are developed with urban uses. 317
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(4): General Plan or Zoning Consistency. The project is consistent with the applicable general plan or zoning ordinance, and any local coastal program as applicable.

If the zoning and general plan are not consistent with one another, the project would satisfy this requirement if it were consistent with one.

The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios shall not be the basis for determining that the project is inconsistent with this requirement.

Consistent. The project site is within the General Plan Heart of the City Special Area and the General Plan land use designation is Commercial/Office/Residential. The zoning district is Planned Development with General Commercial and Residential (P(CG, Res)).

The General Plan land use designation allows residential development and an established residential density of up to 25 dwelling units per acre. The Heart of the City Specific Plan, which is consistent with the General Plan assumptions for the site, includes residential as a supporting use and allows for fully residential development through the approval of a Conditional Use Permit. In addition, the project site’s zoning district allows for residential development on the property. The proposed project would provide a residential density of 17.6 dwelling units per acre, which is within the density allowed for the project site under the General Plan. The proposed maximum building height of 42 feet is consistent with the General Plan’s 45-foot height limit allowed for the site.

PRC Section 21080.66(a)(5): Density. The project will be at least one-half of the following applicable density specified in Government Code Section 65583.2(c)(3)(B), to accommodate housing for lower income households3 ▪ At least 15 units per acre allowed for sites within an incorporated city within a non-metropolitan county and for a non-metropolitan county that has a micropolitan area
▪ At least 10 units per acre allowed for sites within an unincorporated area in a non-metropolitan county not included in the above requirement
▪ At least 20 units per acre allowed for sites within suburban jurisdictions ▪ At least 30 units per acre allowed for sites within a jurisdiction in a metropolitan county.

Consistent. The project site is in a metropolitan county (i.e., Santa Clara County). Therefore, the minimum density requirement under PRC Section 21080.66(a)(5) is at least one-half of 30 dwelling units per acre.

The project would have a residential density of 17.6 dwelling units per acre.
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Table 1 Infill Requirements and Project Consistency
Infill Requirements Consistency Determination
PRC Section 21080.66(a)(8): Lodging Uses.

For a project that was deemed complete pursuant Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following:
▪ A residential hotel, as defined in Section 50519 of the Health and Safety Code.
▪ After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.

Consistent. The proposed project would not include hotel, motel, bed and breakfast inn, or other transient lodging uses.

Notes:
1 For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. Other transient lodging does not include either of the following: a residential hotel, as defined in Section 50519 of the Health and Safety Code, or a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code.
2 United States Census Bureau, 2025, July 11 (accessed), Redefining Urban Areas following the 2020 Census, https://www.census.gov/newsroom/blogs/randomsamplings/2022/12/redefining-urban-areas-following-2020-census.html. 3 California Legislative Information, 2025, July 11 (accessed), Government Code – GOV: ARTICLE 10.6. Housing Elements [65580 - 65589.11], https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583.2.&nodeTreePath=12.1.10.10&lawCode=GOV. 319
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Environmental Criteria
Pursuant to PRC Section 21080.66(a), the project site must meet the environmental criteria identified in Government Code Section 65913.4(a)(6). These environmental criteria and the proposed project’s consistency are detailed in Table 2, Environmental Criteria and Project Consistency. As shown in Table 2, the project site would meet the environmental criteria.

Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
PRC Section 21080.66(a)(6)
Coastal Zone. The project site cannot be located in
a coastal zone, as defined in the Public Resources
Code (PRC) Division 20.

Consistent. The project site is not in a coastal
zone. It is approximately 20 miles east of the
Pacific Ocean. The California Coastal
Commission designates the boundary of
coastal zones to extend 3 nautical miles
offshore and does not include the project site.1
Farmland. The project site cannot be located on
either prime farmland or farmland of statewide
importance, as defined pursuant to United States
Department of Agriculture land inventory and
monitoring criteria, as modified for California, and
designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the
Department of Conservation, or land zoned or
designated for agricultural protection or
preservation by a local ballot measure that was
approved by the voters of that jurisdiction.

Consistent. The project site is not on prime
farmland or farmland of statewide importance.

The California Department of Conservation
designates the city of Cupertino as Urban and
Built-Up Land.2Additionally, as discussed in
Section 2.3, Land Use and Zoning Designations,
the project site is not zoned for agricultural
uses.

Wetlands. The project site cannot be located on
wetlands, as defined in the United States Fish and
Wildlife Service Manual, Part 660 FW 2.

Consistent. The United States Fish and Wildlife
Service does not identify any wetlands on or
near the project site.3
Fire Hazard Severity Zone. The project site cannot
be within a very high fire hazard severity zone
(FHSZ), as determined by the Department of
Forestry and Fire Protection (CAL FIRE) pursuant to
Government Code Section 51178, or within a high
or very high FHSZ as indicated on maps adopted by
CAL FIRE pursuant to PRC Section 4202. This
requirement does not apply to sites that have
adopted fire hazard mitigation measures pursuant
to existing building standards or state fire
Consistent. The project site is not within a very
high FHSZ as designated by CAL FIRE. It is
approximately 1.5 miles northeast of a very
high FHSZ in a Local Responsibility Area, and

2.5 miles northeast of lands that CAL FIRE
designates as a very high FHSZ in a State
Responsibility Area.4
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
mitigation measures applicable to the
development.

Hazardous Waste Site. The project site cannot be
on a hazardous waste site that is listed pursuant
to Government Code Section 65962.5 (Cortese
List) or a hazardous waste site designated by the
Department of Toxic Substances Control (DTSC)
pursuant to Health and Safety Code Section 25356
(EnviroStor online database), unless DTSC has
cleared the site for residential use or residential
mixed uses.

Consistent. The project site is not included on
the Hazardous Waste and Substances Site List
(Cortese) pursuant to Government Code
Section 65962.5.5 Additionally, the project site
is not listed on any of the following California
Environmental Protection Agency’s (CalEPA)
Cortese List Data Resources:6
▪ List of Hazardous Waste and Substances
sites from DTSC EnviroStor database5
▪ List of Leaking Underground Storage Tank
(LUST) sites from the State Water Resource
Control Board’s (SWRCB’s) GeoTracker7
▪ List of solid waste disposal sites identified by
SWRCB with waste constituents above
hazardous waste levels outside the waste
management unit8
▪ List of “active” Cease and Desist Orders and
Cleanup and Abatement Orders from
SWRCB9
▪ List of hazardous waste facilities subject to
corrective action pursuant to Section
25187.5 of the Health and Safety Code,
identified by DTSC10
Earthquake Fault Zone. The project site cannot be
within a delineated earthquake fault zone as
determined by the State Geologist in any official
maps published by the State Geologist, unless the
development complies with applicable seismic
protection building code standards adopted by the
California Building Standards Commission under
the California Building Standards Law of Health
and Safety Code Division 13, and by any local
building department under Title 2 of the
Government Code, Division 1, Chapter 12.2.

Consistent. The California Geological Survey
does not map an earthquake fault zone in or
near the project site. 11
Federal Emergency Management Agency (FEMA)
Designations. The project site cannot be within a
special flood hazard area subject to inundation by
Consistent. FEMA’s Flood Insurance Rate Map
(FIRM) designates the project site as Zone X,
which is defined as areas with 0.2% annual
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
the 1 percent annual chance flood (100-year flood)
as determined by FEMA in any official maps
published by FEMA, unless either of the following
are met:
▪ The site has been subject to a Letter of Map
Revision prepared by FEMA and issued to the
local jurisdiction.
▪ The site meets FEMA requirements necessary
to meet minimum flood plain management
criteria of the National Flood Insurance
Program.

The project site also cannot be within a regulatory
floodway as determined by FEMA in any official
maps published by FEMA, unless the development
has received a no-rise certification in accordance
with Title 44 of the Code of Federal Regulations,
Section 60.3(d)(3).
chance of flood. The project site is also not
within a regulatory floodway.12
Conservation Plan. The project site cannot be on
lands identified for conservation in an adopted
natural community conservation plan pursuant to
the Natural Community Conservation Planning Act,
habitat conservation plan pursuant to the federal
Endangered Species Act of 1973, or other adopted
natural resource protection plan.

Consistent. The Santa Clara Valley Habitat Plan
boundaries covers a small portion of
Cupertino; however, the project site is
approximately 0.8 miles north of the
boundaries of the plan.
13 Special Status Species Habitat. The project site
cannot be located in a habitat for protected
species identified as candidate, sensitive, or
species of special status by state or federal
agencies, fully protected species, or species
protected by the federal Endangered Species Act
of 1973, the California Endangered Species Act, or
the Native Plant Protection Act.

Consistent. The Classification and Assessment
with Landsat of Visible Ecological Groupings
habitat mapping program classifies the project
site as an “urban area,” which tends to have
low to poor wildlife habitat value due to
replacement of natural communities,
fragmentation of remaining open space areas
and parks, and intensive human disturbance.

The California Natural Diversity Database has
no record of special-status plant and animal
species on the project site or urbanized areas
within a one-mile area surrounding the site.14
There are no natural lands within a one-mile
area of the project site. Accordingly, the
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Table 2 Environmental Criteria and Project Consistency
Environmental Criteria Consistency Determination
project site has no value as habitat for
endangered, rare, or threatened species.

Lands under Conservation Easement. The project
site cannot be on lands under conservation
easement.

Consistent. The project site is not within a
conservation easement.

PRC Section 21080.66(a)(7),
Historic Structure. Pursuant to PRC Section
21080.66(a)(7), the project cannot require the
demolition of historic structure that was placed on
a national, state, or local historic register before
the date a preliminary application was submitted
for the project.

Consistent. The project would include the
demolition of the site’s existing commercial
building. The existing building on the project
site is not currently listed on the National
Register of Historic Places15 or the list of
California Register of Historical Resources,16 or
the most recent list of Cupertino historically
significant resources.17
Sources:

1. California Coastal Commission, 2019, Maps: Coastal Zone Boundary, https://www.coastal.ca.gov/maps/czb/, accessed November 11, 2025.

2. California Department of Conservation, 2022, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed November 11, 2025.

3. United States Fish and Wildlife Service, National Wetlands Inventory, 2025, November 11 (accessed), https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.

4. California Department of Forestry and Fire Protection, 2025, November 11 (accessed), Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0.

5. California Department of Toxic Substances Control, 2025, November 11 (accessed), Hazardous Waste and Substances Site List (Cortese),
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS &status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29.

6. California Environmental Protection Agency, 2025, November 11 (accessed), Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/.

7. State Water Resources Control Board, 2025, November 11 (accessed), GeoTracker, https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_n ame=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search.

8. California Environmental Protection Agency, 2025, November 11 (accessed), Sites Identified with Waste Constituents Above Hazardous waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wpcontent/uploads/2016/10/SiteCleanup-CorteseList-CurrentList.pdf.

9. California Environmental Protection Agency, 2025, November 11 (accessed), List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx.

10. California Environmental Protection Agency, 2025, September 3 (accessed), Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/. 323
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11. California Geological Survey, 2025, November 11 (accessed), Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/.

12. Federal Emergency Management Agency, 2009, May 18, FEMA Flood Map Service Center: Search By Address, https://msc.fema.gov/portal/search?AddressQuery=10065%20E%20Estates%20Dr%2C%20Cupertino%2C%20C A%2095014, accessed November 11, 2025.

13. Santa Clara Valley Habitat Agency, 2013, Santa Clara Valley Habitat Plan Geobrowser, https://scvha.maps.arcgis.com/apps/webappviewer/index.html?id=f2268679c2fa49489e3f7d6e8377837e, accessed November 11, 2025.

14. California Natural Diversity Database, 2025, September 3 (accessed), CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data.

15. National Park Service, 2024, July 10, National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table, accessed November 11, 2025.

16. California Office of Historic Preservation, 2025, September 3 (accessed), California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43.

17.City of Cupertino, 2015, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, Chapter 4.5, Cultural Resources, Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, pages

4.4-8 to 4.4-12.

Tribal Cultural Resources

TRIBAL OUTREACH AND CONSULTATION
PRC Section 21080.66(b) requires local government to provide formal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, its location, and the potential for the project to impact tribal cultural resources pursuant to one of the following deadlines:
▪ Within 14 days of the application for the project being deemed complete pursuant to Government Code Section 65589.5(h)(5).
▪ Within 14 days of notifying the local government that the project is eligible to be exempt from this division pursuant to this section for projects whose applications were deemed complete before July 1, 2026.

Tribal Notification
The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The City routinely notifies the Tamien Nation of all applicable projects pursuant to the Native American Historic Resource Protection Act, commonly referred to as it’s legislative bill number AB 52. In addition, the City sent a request to the Native American Heritage Commission (NAHC) for a Tribal Contacts List on August 4, 2025. 324
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The NAHC provided a consultation list with a total of 23 contacts for 9 tribes that are traditionally and culturally affiliated with the geographic area of the city of Cupertino on August 5, 2025, as listed.
▪ Amah Mutsun Tribal Band ▪ Muwekma Ohlone Tribe of the SF Bay Area ▪ Amah Mutsun Tribal Band of Mission San
Juan Bautista
▪ Northern Valley Yokut / Ohlone Tribe
▪ Tamien Nation
▪ Costanoan Rumsen Carmel Tribe ▪ The Ohlone Indian Tribe ▪ Indian Canyon Mutsun Band of Costanoan ▪ Wuksachi Indian Tribe/Eshom Valley Band On August 14, 2025, the City sent outreach request letters via certified mail and email for each tribal contact provided. Table 3, Tribal Notification, Outreach, and Consultation Initiation, shows the contacts that requested consultation.

Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
Amah Mutsun Tribal Band Ed Ketchum, Vice-Chairperson -- -- Amah Mutsun Tribal Band Valentin Lopez, Chairperson -- -- Amah Mutsun Tribal Band of
Mission San Juan Bautista
Garry Zimmer, Senior Cultural
Monitor and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Christopher Zimmer, Senior
Cultural Monitor and
Consultant, Councilman
-- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista
Michelle Zimmer, Senior Cultural
Monitor and Consultant -- --
Amah Mutsun Tribal Band of
Mission San Juan Bautista Irenne Zwierlein, Chairperson -- -- Amah Mutsun Tribal Band of
Mission San Juan Bautista
Shelby Brown, Senior Cultural
Monitor and Consultant,
Councilwoman
-- --
Costanoan Rumsen Carmel Tribe Carla Munoz, Tribal Council -- -- Costanoan Rumsen Carmel Tribe Samuel Rodriguez, Cultural Resource Officer -- --
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Table 3 Tribal Notification, Outreach, and Consultation Initiation Tribe Name Tribe Contact
Date of
Response
Date of
Consultation
Initiation
Costanoan Rumsen Carmel Tribe Henry Muñoz, Cultural Resource Officer -- --
Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Retired
Honorable Elder -- --
Indian Canyon Mutsun Band of
Costanoan
Kanyon Sayers-Roods, Tribal
Chairwoman
8/15/2025 8/28/2025
Muwekma Ohlone Tribe of the SF
Bay Area
Richard Massiatt,
Councilmember/MLD Tribal Rep. -- --
Muwekma Ohlone Tribe of the SF
Bay Area Charlene Nijmeh, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe Katherine Perez, Chairperson -- --
Northern Valley Yokut / Ohlone
Tribe
Timothy Perez, Tribal
Compliance Officer -- --
Tamien Nation Lillian Camarena, Secretary 9/10/2025 9/24/2025 Tamien Nation Quirina Geary, Chairperson 9/10/2025 9/24/2025 Tamien Nation Johnathan Wasaka Costillas,

THPO -- --
The Ohlone Indian Tribe Desiree Vigil, THPO -- --
The Ohlone Indian Tribe Andrew Galvan, Chairperson -- -- The Ohlone Indian Tribe Vincent Medina, Cultural Leader -- -- Wuksachi Indian Tribe/ Eshom
Valley Band Kenneth Woodrow, Chairperson -- --
Source: Native American Heritage Commission, August 2025.

Note. Where no dates are identified, no response was received so consultation was not initiated.

Sacred Lands File Search
Concurrently with the tribal contact list request on August 4, 2025, the City also requested a Sacred Lands File (SLF) search. There are no known cultural resources on the project site and the results of the SLF search conducted by Mathew Lin, MPP, Cultural Resources Analyst, of the NAHC, on August 5, 2025, were negative.
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PROTECTION OF TRIBAL CULTURAL RESOURCES
Pursuant to PRC Section 21080.66(b)(4)(A), the project applicant is required to comply with any enforceable agreements reached during the project consultation. Because no agreements, enforceable or otherwise, were requested during project consultation, no requirements were added to the proposed project. Further, pursuant to PRC Section 21080.66(b)(4)(B), a mutual agreement between the California Native American tribes that consulted, and the project applicant was made; thus, none of the measures pursuant to PRC Section 21080.66(b)(4)(B) are required.

TRIBAL CULTURAL RESOURCES CONSISTENCY SUMMARY
The City completed the tribal outreach requirements pursuant to PRC Section 21080.66(b)(1) through (3) and the requirements of PRC Section 21080.66(b)(4) do not need to be included as a binding condition. As such, the project is consistent with the tribal outreach and consultation and protection of tribal cultural resources requirements described in PRC Section 21080.66(b).

Environmental Assessment (Hazardous Materials)

PHASE I ENVIRONMENTAL SITE ASSESSMENT
PRC Section 21080.66(c)(1)(A) states that local government shall require the project applicant to complete a Phase I Environmental Site Assessment (ESA) as a condition of approval for the development, as defined in Section 78090 of the Health and Safety Code. Based on PRC Section 21080.66(c)(1)(B), if a recognized environmental condition (REC) is found, the project applicant shall complete a preliminary endangerment assessment1(in accordance with the California Health and Safety Code Section 78095), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. Pursuant to PRC Section 21080.66(c)(1)(C), if a release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy. Pursuant to PRC Section 21080.66(c)(1)(D), if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall 1 Based on the California Health and Safety Code Section 78095, preliminary endangerment assessment includes the following activities: Sampling and analysis of a site; A preliminary determination of the type and extent of hazardous material contamination of a site; and A preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. 327
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be mitigated to levels required by current federal and State statutory and regulatory standards before the local government issues a certificate of occupancy.

HAZARDOUS MATERIALS CONSISTENCY REQUIRMENTS
A Phase I ESA was prepared and third-party peer reviewed as part of the City’s requirements in Cupertino Municipal Code Chapter 17.04, Standard Environmental Protection Requirements, that identifies standard environmental protection requirements that all construction projects must meet. The results of the Phase I ESA did not find any RECs. Accordingly, the project is consistent with the PRC Section 21080.66(c)(1) criteria regarding hazardous materials.

PROXIMITY TO FREEWAYS
For projects within 500 feet of a freeway, PRC Section 21080.66(c)(2) requires:
▪ The building shall have a centralized heating, ventilation, and air-conditioning (HVAC) system.
▪ The outdoor air intakes for the HVAC system shall face away from the freeway. ▪ The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16.
▪ The air filtration media shall be replaced at the manufacturer’s designated interval. ▪ The building shall not have any balconies facing the freeway Project Consistency. The project site is approximately 0.5 miles (2,700 feet) away from the freeway; therefore, the proposed project is not subject to PRC Section 21080.66(c)(2) criteria.

Other Requirements

LABOR CODE
PRC Section 21080.66(d) includes additional labor requirements for housing development projects, including:
▪ The payment of at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, to construction workers employed in the execution of a 100 percent affordable housing development project.
▪ Compliance with the labor standards outlined in Government Code Section 65913.4(a)(8) for buildings over 85 feet in height above grade.
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▪ Compliance with the labor standards of Government Code Section 65912.130 for projects of 50 units or greater in the city and county of San Francisco, for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per diem wages. ▪ Extension of Labor Code Section 218.8 to the project applicant in addition to the direct contractor or subcontractor.
▪ Allowance of a joint labor-management cooperation committee to undertake specific actions to court.

Project Consistency. The proposed project is not a 100 percent affordable housing development, over 85 feet in height above grade, or in the city or county of San Francsico. The proposed project would comply with the Labor Code and the Business and Professions Code described previously.

ELIGIBILITY FOR MODIFICATIONS OF DEVELOPMENT STANDARDS
As stated in PRC Section 21080.66(e), this PRC section does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Government Code Section 65915. Therefore, the applicability of this statutory exemption does not prohibit the proposed project from requesting the waivers, exception, and reduction described in Section 2.3, Land Use and Zoning Designations.

3.3 CONCLUSION
As analyzed in Section 3.1, Public Resources Code Section 21080.66, the proposed project meets the criteria for statutory exemption. Accordingly, this document finds that a Notice of Exemption is appropriate for the proposed project pursuant to CEQA Guidelines Section 15062. 329
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20883 STEVENS CREEK BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT

CEQA EXEMPTION MEMORANDUM

CITY OF CUPERTINO

3. FINDINGS CONCERNING CEQA EXEMPTION
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PHASE I ENVIRONMENTAL SITE ASSESSMENT
20807 and 20813-20883 Stevens Creek Boulevard
Cupertino, California
Prepared for:

Harvest Properties, Inc.
180 Grand Avenue, Suite 1400
Oakland, California 94612
Prepared by:

Langan CA, Inc
1 Almaden Boulevard, Suite 590
San Jose, California 95113
Daniel Wood, PG
Project Geologist
Peter J Cusack
Associate Principal
Report Date: 11 June 2025
180-Day Viability Date: 1 October 2025
770709101
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TABLE OF CONTENTS
EXECUTIVE SUMMARY............................................................................................................1

1.0 INTRODUCTION.............................................................................................................4

1.1 Purpose ...............................................................................................................4

1.2 Scope of Services ...............................................................................................4

1.2.1 Records Review and Local Government Interviews ............................5

1.2.2 Site Reconnaissance and Owner/Operator/Occupant Interviews......5

1.2.3 Evaluation, Report and Parts Used in Concert.....................................6

1.2.4 Non-ASTM Scope Services....................................................................6

1.3 User Responsibilities..........................................................................................6

1.4 Limiting Conditions/Deviations.........................................................................7

1.5 Data Gaps............................................................................................................7

2.0 SUBJECT PROPERTY DESCRIPTION AND CURRENT USE .........................................7

2.1 Location, Legal Description, and Ownership....................................................7

2.2 Physical Setting..................................................................................................8

2.2.1 Topography ............................................................................................8

2.2.2 Geology...................................................................................................8

2.2.3 Hydrogeology .........................................................................................8

2.3 Subject Property Description.............................................................................9

2.4 Current Subject Property Use............................................................................9

2.5 Hazardous Substances and Petroleum Products ...........................................11

2.5.1 Underground Storage Tanks (USTs)...................................................11

2.5.2 Aboveground Storage Tanks (ASTs) ..................................................11

2.5.3 Drums, Totes, and Intermediate Bulk Containers..............................11

2.5.4 Other Chemical Storage, Containers, or Equipment .........................11

2.6 Air Emissions ....................................................................................................12

2.7 Waste Management.........................................................................................12

2.7.1 Hazardous Waste .................................................................................12

2.7.2 Non-Hazardous Waste .........................................................................13

2.7.3 Fill Areas or Solid Waste......................................................................13

2.8 Wastewater.......................................................................................................13

2.9 Storm Water .....................................................................................................13

3.0 SUBJECT PROPERTY HISTORY AND RECORDS REVIEW.........................................13

3.1 Historical Summary..........................................................................................14

3.2 Regulatory Database Review...........................................................................15

3.3 Prior Report Review .........................................................................................17

4.0 ADJOINING PROPERTIES AND SURROUNDING AREA............................................18

4.1 Current Use of Adjoining Properties and Surrounding Area.........................18

4.2 Adjoining Properties and Surrounding Area History .....................................19

4.3 Regulatory Database Review...........................................................................21

4.3.1 Adjoining Properties ............................................................................21

4.3.2 Surrounding Area.................................................................................22

5.0 CONCLUSIONS, FINDINGS AND OPINIONS..............................................................23 332
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6.0 ENVIRONMENTAL PROFESSIONAL STATEMENT....................................................25

7.0 REFERENCES ...............................................................................................................26

8.0 LIMITATIONS AND DEFINITIONS...............................................................................27

8.1 ASTM Definitions .............................................................................................28

8.2 Standard Environmental Record Sources.......................................................31 TABLES

APPENDICES
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ATTACHMENTS
TABLES
Table ES-1 Conclusions, Findings and Opinions
Table 2-1 Current Occupants/Tenants
Table 2-2 Utility Providers
Table 3-1 Subject Property History
Table 4-1 Current Use of Adjoining Properties and Surrounding Area Table 4-2 Historical Use of Adjoining Properties
Table 5-1 Conclusions, Findings and Opinions
Table 6-1 Dates of Assessment Components

APPENDICES
Appendix A Figure 1 - Subject Property Location Map
Figure 2 - Subject Property Layout
Figure 3 - Nearby Properties Map
Appendix B Agency Records and Other Reports
Appendix C Site Reconnaissance Checklist and Photographs Appendix D User Provided Information
Appendix E Historical Resources
Appendix F Environmental Database Report
Appendix G Resumes of Environmental Professionals
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EXECUTIVE SUMMARY
Langan CA, Inc. (Langan) completed this Phase I Environmental Site Assessment (ESA) for the property located at 20807 and 20813-20883 Stevens Creek Boulevard in Cupertino, Santa Clara County, California (the “subject property”) under the authorization of Harvest Properties, Inc. (Harvest, “Client” and the “user”).

The Phase I ESA was completed following the guidelines of ASTM International Standard Practice E1527-21 (ASTM E1527-21), the United States Environmental Protection Agency’s (U.S. EPA) All Appropriate Inquiries (AAI) Rule, and industry standard practice. The user requested this ESA as part of their environmental due diligence related to a potential transaction involving the subject property.

Subject Property Layout
The subject property is approximately 6.99 acres and is generally rectangular. The subject property consists of six one- and two-story commercial buildings with associated driveways, parking, and landscaping areas. The subject property is identified by assessor’s parcel numbers (APNs) 326-32-053, 326-32-050, 326-32-052, and 326-32-051.

Subject Property Current Use
The subject property is developed and consists of six one- and two-story commercial buildings with associated driveways, parking, and landscaping areas. The southeast corner of the subject property is developed with a one-story retail space (Building 20807). North of Building 20807 along the eastern boundary of the subject property is a two-story office building with subgrade parking (Building 20813) followed by a one-story garden-style office cluster (Building 20823) consisting of four wings connected by inner courtyards and walking paths. The northeast corner of the subject property is developed with a two-story office building (Building 20833).

The southwest corner of the subject property is developed with a two-story office building with subgrade parking (Building 20883). The northeast of the subject property is developed with a one-story garden-style office cluster (Building 20823) consisting of five wings connected by inner courtyards and walking paths.

Subject Property History
The subject property was used as agricultural land and rural residences between 1939 and 1968.

By the early 1970s, the crops and rural residences were removed and the existing buildings at 20823 and 20863 Stevens Creek Boulevard and associated asphalt parking were constructed, 335
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and an additional commercial building and associated asphalt parking was constructed on the southeast corner of the subject property. By the early 1980s, the existing building located at 20883 Stevens Creek Boulevard was constructed in the southwest corner of the subject property. By the early 1990s, the existing building located at 20833 Stevens Creek Boulevard was constructed in the northeast corner of the subject property. By 2006, the existing building located at 20807 Stevens Creek Boulevard was constructed in the southeast corner of the subject property.

Adjoining Properties and Surrounding Area
The adjoining properties and surrounding area consisted of agricultural land and rural residences until the early 1960s. By the late 1930s, Stevens Creek Boulevard was apparent. By the mid-1950s, residential homes and a portion of Alves Drive were constructed to the northwest of the subject property. By the early 1960s, Saich Way was constructed to the east of the subject property and commercial structures and associated asphalt parking were constructed to the east, south, and west of the subject property, and additional residential homes were constructed to the northeast of the subject property. By the late 1960s, a residential home was constructed to the west of the subject property. By the mid-1970s, Alves Drive was extended across the northern border of the subject property and additional commercial buildings were constructed to the west, and additional residential housing and a hexagonal shaped building were constructed to the north of the subject property. The adjoining and surrounding properties have consisted primarily of commercial business and neighborhoods from the mid-1970s to present.

Conclusions
Langan completed a Phase I ESA of the subject property using the scope guidelines and inherent limitations of ASTM E1527-21. Table ES-1 presents the conclusions of the Phase I ESA. 336
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TABLE ES-1
Conclusions, Findings and Opinions
ASTM E1527-21 Scope Items
Recognized Environmental Conditions (RECs)
Langan did not identify any RECs.

Controlled Recognized Environmental Conditions (CRECs)
Langan did not identify CRECs.

Historical Recognized Environmental Conditions (HRECs)
Langan did not identify any HRECs
De Minimis Conditions
Langan did not observe any de minimis conditions.

Significant Data Gaps
Langan did not identify any significant data gaps.

Non-ASTM E1527-21 Scope Items
Business Environmental Risks (BERs)
The following BERs were identified in association with the site:

Aerial photographs show the site was a part of larger agricultural fields from 1939 through at least 1960 on which agricultural chemicals such as pesticides, herbicides, and heavy metals may have been applied.

Based on this history, it is possible that pesticide and herbicide compounds and heavy metals are present in shallow soil beneath the site.

Based on the age of the buildings on-site, it is possible that asbestos and/or lead-based paint were used in building materials. Prior to any demolition activities, an asbestos, lead-based paint, and universal waste survey should be conducted.
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PHASE I ENVIRONMENTAL SITE ASSESSMENT
20807 and 20813-20883 Stevens Creek Boulevard
Cupertino, California

1.0 INTRODUCTION
Langan CA, Inc. (Langan) completed a Phase I Environmental Site Assessment (ESA) for the property located at 20807 and 20813–20883 Stevens Creek Boulevard, Santa Clara County, Cupertino, California (the “subject property”) under the authorization of Harvest Properties, Inc. (Harvest, “Client” and the “user”). A Subject Property Location Map is provided in Appendix A (Figure 1).

1.1 Purpose
The purpose of this Phase I ESA is to identify recognized environmental conditions (REC) associated with the subject property. This purpose also includes identifying controlled recognized environmental conditions (CREC), historical recognized environmental conditions (HREC), de minimis conditions, and significant data gaps. The definitions of REC, CREC, HREC, de minimis condition and other select ASTM terms used in this report are in Section 8.

1.2 Scope of Services
Langan’s scope of services consisted of the completion of a Phase I ESA following the guidelines of ASTM E1527-21. Langan’s scope of services as it pertains to the elements of a Phase I ESA as specified in ASTM E1527-21 is described below.

On 8 July 2024, the US EPA final rule designating two per- and polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) including their salts and structural isomers – as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) became effective. Because of the complex and varied historical use of PFAS in various industries; limited prior disclosures of PFAS content on product specification sheets, Material Safety Data Sheets (MSDS), and Safety Data Sheets (SDS); the complex chemistry and chemical transformations associated with some PFAS; and 338
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the ever-growing and varied list of state regulations, it is not feasible to evaluate PFOA and PFOS without also considering other PFAS. As such, absent analytical data, Langan incorporated a review of PFAS as a general class into this Phase I ESA.

PFAS and other CERCLA hazardous substances and petroleum products have been detected in background environmental samples across the globe, including in areas removed from specific recognized sources. This Phase I ESA was not intended to evaluate background concentrations of CERCLA hazardous substances or petroleum products, regardless of whether the source is naturally occurring or anthropogenic. The objective of Langan’s scope of services was to identify the presence, likely presence, and/or material threat of a release of CERCLA hazardous substances and petroleum products related to specific property uses that are generally recognized as known or potential sources of such substances and products.

1.2.1 Records Review and Local Government Interviews
Langan contracted a third-party provider to search environmental regulatory databases and provide historical records. The database search included select federal, state, local and tribal standard source environmental databases within the approximate search radii specified by ASTM E1527-21.

Langan submitted Freedom of Information Act (FOIA) requests to supplement environmental database listing information. The FOIA requests were submitted to the Santa Clara County Department of Environmental Health (SCCDEH), City of Cupertino, the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Toxic Substances Control (DTSC), and the State of California Water Resources Control Board (SWRCB). Langan also searched for available records on the EnviroStor and GeoTracker online databases, operated by DTSC and the SWRCB, respectively, as well as United States Geological Survey (USGS) mapping and US EPA databases. Agency FOIA-requested information, where received, is discussed in relevant sections of this report, and referenced in Section 7. Pertinent documents are provided in Appendix B.

1.2.2 Site Reconnaissance and Owner/Operator/Occupant Interviews Langan completed the site reconnaissance on 18 April 2025. Francisco Ramos (Building Engineer of Harvest Properties; the “key site manager”) and Casidy Chen (Assistant Property Manager of Harvest Properties) accompanied Daniel Wood and Wilma Wei of Langan during the site reconnaissance. Francisco Ramos has been associated with the subject property since 2018.

Casidy Chen has been with the subject property since 2023. Mr. Ramous and Ms. Chen provided 339
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Cupertino City CouncilApril 7, 2026

Cupertino City Council
April 7, 2026